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COPYRIGHT DEPOSIT. 








\ 


I 


The 


CONSTITUTION 

of the 

UNITED STATES 


in 

OUTLINE 

With Questions and Answers 

By 

ELMER E. RUSH 

n 

Instructor in History and Civics 
Central High School 
Kansas City, Mo. 


Franklin Hudson Publishing Co 
Kansas City, Mo. 




Cop RIGHTED 1910 
by 

ELMER E. RUSH 


CCI.A365961 



The Constitution of the United States in Outline. 


■r 


3 


CONTENTS. 

r- 

i - 

CHAPTER I. 

Nature and Growth of Our Government. 

PAGE. 

1. Nature of Government . 8 

2. Claims of European Nations. 9 

3. England Established Government in America. 11 

4. English Charters. 12 

5. The Township..'. . . 13 

6. The County. 14 

7. Revolutionary States. 15 

8. Practical Questions with Answers. 17 

CHAPTER II. 

Distribution and Vestment of Power. 

1. Preamble. 20 

2. Legislative Power. 20 

3. Executive Power. 26 

4. Judicial Power. 27 

5. Practical Questions with Answers.25, 28 

CHAPTER III. 

The Legislative Department. 

1. Granted, Powers: 

(а) In Organization. 29 

(б) In Operation. 31 

2. Prohibited, Powers: 

(а) To the CongressK. 50 

(б) To the States. 51 

3. Practical Questions with Answers. 52 

I 





















4 The Constitution of the United States in Outline. 


CHAPTER IV. 

The Executive Department. 

PAGE. 

I. In Organization. 56 

f. In Administration. 58 

(a) Powers. 58 

1. Military. 59 

2. Civil. 59 

ib) Duties.^. 60 

3. In Cabinet Offices: 

(а) Secretary of State. 62 

(б) Secretary of War. 63 

(c) Secretary of Treasury. 63 

(d) Attorney-General. 64 

(e) Postmaster General. 64 

(/) Secretary of the Navy. 65 

(g) Secretary of the Interior. 65 

{h) Secretary of Agriculture. 66 

(i) Secretary of Commerce and Labor. 67 

4. Practical Questions with Answers....61, 68 

CHAPTER V. 

The Judicial Department. 

1. In Organization. 70 

2. In Extent of Power..71 

3. United States Courts. 76 

(а) Regular. 76 

1. Supreme. 76 

2. Appellate. 77 

3. ^ Circuit. 78 

4. District. 79 

(б) Irregular. 80 

I. Court of Claims. 80 

; 2. District of Columbia Court. 80 

3. Territorial Courts. 81 

4. Court of Private Land Claims. 81 

5. Consular Court. 81 

4. Practical Questions with Answers.7°. 72, 73, 74, 75, 81 


































The Constitution of the United States in Outline. 5 

CHAPTER VI. 

The Generae Powers. 

PAGE. 

1. ! Article IV. 

(а) The Relation of States. 84 

(б) Privilege andTimmunity. 85 

(c) Requisition. 86 

(d) Fugitives. 86 

(e) New States.;. 87 

(/) Republican Form of Government Guaranteed. 90 

2. Article V.—Amendment. 91 

(а) Proposed. 91 

(б) Ratified. 91 

(c) Prohibited. 92 

3. Article VI. 

(а) Debts..■;*. 92 

(б) Supreme Law. 93 

(c) Officers Bound by Oath. 93 

4. Article VII.—Ratification. 94 

5. Practical Questions with Answers.85, 86, 87, 90, 91, 93, 95 

CHAPTER VII. 

The Amendments. 

1. The Bill of Rights—Amendments of from I. to X,, inclusive. 96 

2. ^ The Eleventh Amendment—^Judicial. 99 

3. The Twelfth Amendment—Presidential. 100 

4. The Race Problem. 

(а) The Thirteenth Amendment—Freedom. 100 

(б) The Fourteenth Amendment—Citizenship. roi 

1. Citizenship. 

(а) Defined....:. 101 

(б) Protected. 101 

2. Apportionment. 

(а) Established. 104 

(б) Protected. 104 

(c) The Fifteenth Amendment—Suffrage Protected. 106 

5. Practical Questions with Answers.... 96, 97, 98, 99, 100, loi, 105, 106 



























6 The Constitution of the United States in Outline, 


CHAPTER VIII. 

I NSUI/AR]Go VERNMENT, 

|g,-s 

1. The Government of Hawaii. PAGE. 

(а) Provision for Government.io8 

(б) Branches.io8 

1. Legislative.io8 

2. Executive.io8 

3. Judicial.109 

(c) Citizenship in Hawaii.109 

2. The Government of Porto Rico. 

(a) Military Government Established.1C9 

{h) Civil Government Established.109 

I. Branches. 

1. Legislative.. .109 

2. Executiv^e.no 

3. Judicial.no 

3. The Government of the Philippines. 

(а) The Commission.no 

I. Departments.no 

(б) The Legislature.no 

(c) The Courts. no 

4. The Carnal Zone.in 

5. Other Island Possessions.in 

CHAPTER IX. 

The Constitution. 

I. Special Index.113 




















The Constitution of the United States in Outline. 


7 


PREFACE. 

The author of this little book does not claim that he has 
solved the problems of government; he has simply endeavored 

(1) To help the student understand the structure and 

functions of the Constitution. 

(2) To create a deeper interest in the subject by cor¬ 

relating familiar historical events and asking 
some practical questions. 

(3) To lead the student to look upon both sides of 

a public question, weigh the arguments, and 
judge for himself. 

As the value of a work of this kind depends in a large 
measure upon the accuracy of its statements, it is proper to 
say that many ideas of arrangement and material have been 
gathered from: 

Blackstone’s Commentaries. 

Kent’s Commentaries. 

Wilson, “The State.” 

Cooley, “Principles of Constitutional Law.” 

Hart, “Actual Government.” 

Hinsdale, “The American Government.” 

James and Sanford, “Government in State and 
Nation.” 

Strong and Schaafer, “The Government of the 
American People.” 

Ashley, “The American Government.” 

Fiske, “Civil Government in the United States.” 

E. E. R. 


8 The Constitution of the United States in Outline. 


CHAPTER I. 

The Nature and Growth op Our Government. 

Government has grown slowly from the morning of his¬ 
tory to the present. Its growth can not be forced by theory; 
it takes on new forms and develops only in response to changed 
conditions and new surroundings. 

Government is a product of man’s social nature, and its 
quality is determined by his morals and daily conduct. 

The characteristic feature of all government is authority. 
Therefore, government may be defined as the rightful author¬ 
ity one person exercises over another. Civil government is 
the regular and settled order of authority operative within a 
State. When this authority becomes the established rule of 
the State, it is usually known as law. Where civil government 
is properly organized and administered, it produces wholesome 
laws and mutual advantage for those who come under its rule. 

Our civil government was transplanted from England. 
Yet, if we seek its origin, we must go back through the cent¬ 
uries of history to our ancestors, the Angles and the Saxons, 
whose home was in the forests of Northern Germany; there 
they lived twenty centuries ago very much as the Indians 
lived in America at the time of discovery. 

They lived in clans, surrounded by walls of timber and 
earth, called “tuns”; from that we get the word “town.” The 
people within these walled villages had their meetings, made 
their local laws, and elected the necessary officers. 

After the introduction of Christianity, each village con¬ 
stituted a parish, and a priest was assigned; being a leader 
in religious matters, he soon became a leader in secular mat- 


The Constitution of the United States in Outline. 9 

ters also, and most of the local government formerly trans¬ 
acted at the town meetings was now transacted at church 
meetings. 

When the Romans withdrew from England, our ancestors 
took possession. This invasion of the island by the people 
of Northern Germany was destined to gain much for man¬ 
kind, because it succeeded in giving permanency to civilization 
in Europe, and, after centuries of experience, the old spirit of 
unity and love of liberty has received a new and nobler growth 
in our own country. 

Our government has grown from very small beginnings 
of Colonial times. It has been a gradual growth, and its de¬ 
velopment may be easily traced from its beginnings to the 
present, where we find it extensive and very powerful. 

In the study of our civil government, we recognize six 
corporate bodies: 

1. The school district. 

2. The city. 

3. The township. 

4. The county. 

5. The State. 

6. The nation. 

Each of these groups of people must be regarded as a 
unit, each occupying its own territory and exercising its own 
authority. 

Claims of European Nations in America. 

For a hundred years after the discovery of America, Spain 
had no rival in her new possessions. Settlements were made 
first in the West Indies, and then at St. Augustine and at San¬ 
ta F6. These settlements were little more than military posts 
convenient for fitting out expeditions to search for riches and 
to capture Indians to sell in the slave-markets of Europe. The 


lo The Constitution of the United States in Outline. 

government was military in form and cruel in its administration. 

Spain claimed both Americas—first, because of discovery; 
and secondly, by the gift of the Pope, which granted to Spain 
all the land in the Western Ocean west of the line of demarka- 
tion, a line 370 leagues west of the Cape Verde Islands. 

France and England thought the new continent too much 
territory to be held by such a title. Consequently, the French 
explored the St. Lawrence, the lake regions, and the upper 
Mississippi, established trading-posts, and made friends with 
the Indians. Meanwhile the English explored the Atlantic 
coast from Maine to Florida, established Colonies, and intro¬ 
duced at once agriculture and other arts of industry. 

Thus the poor Indian was visited by Spanish despotism 
in the South, French diplomacy in the North, and, most fatal 
to him of all, English civilization in the East. 

In the long course of colony-building in North America 
which ran through the seventeenth century, France and Eng¬ 
land were each more successful than Spain. 

While Spain rested, content with her title to the new 
world, believing in the power of the Church to maintain the 
temporal supremacy, France and England were industrious 
rivals in establishing claims on the continent. Each acted 
on the principle that possession is nine points in law, relying 
on military power to maintain it. In spite of land-grants and 
kings' charters, the territorial boundaries of the one extended 
only to the military outposts of the other. 

The struggle dragged through a series of wars, which 
finally ended in 1763. England won. France gave up all 
claims to this continent. It had been a struggle between 
French Catholicism and English Protestantism; between French 
royalty and English liberty. 

Spain held possessions in the West Indies until the close 
of the Spanish-American War in 1898. 


The Constitution of the United States in Outline. ii 

England still possesses all North America lying north of 
the United States except Alaska. 

England Established Government in America. 

It remained for England to stamp upon the western world 
English local institutions. These struggled for existence at 
first; then, growing, finally developed permanent governments, 
and without losing their English traits gained for themselves 
an American form and temperament. 

By steady aggression England widened her colonial bor¬ 
ders, crushed out all opposition, and made the most desirable 
portions of the new continent English. English law was the 
basis of government in each of the Colonies, yet the new po¬ 
litical life compelled each to devise what was best suited to 
its own needs. New England had one system, the Southern 
Colonies another, and the Middle Colonies a compromise be¬ 
tween the two. Thus, we see the political relations of the 
Colonies to England were as varied as the histories of the 
Colonies themselves. 

Democratic New England, with its hundreds of little trad¬ 
ing towns, each a political center, presented a sharp contrast 
to aristocratic Maryland and Virginia, where a gap showed 
itself between landlord and laborer, and where the power to 
govern rested with the propertied class. But with all their 
differences, they never forgot that they were alike English, 
and so the spirit of English self-government was kept alive. 
While we find it local in its beginnings, it grew steadily and 
extended to the State government, where it became thoroughly 
rooted. The union^of the States produced a power too strong 
to be dislodged, andjan energy sufficient to Americanize the 
continent. 


12 The Constitution of the United States in Outline. 
English Charters. 

Not much of our government is original. It is the re¬ 
sultant of many ideas. It would be difficult to say just what 
part is due to each of the contributing nations. 

These various political ideas have been worked over and 
are being used before our eyes, and we say the}^ are our own. 
But we should remember that the seed is before the fruit. 
There were various causes and motives for the founding of 
the Colonies. 

The English Government wished to extend her dominions 
in the new world in rivalry with other nations, hoping to re¬ 
ceive for her reward an extended commerce from the Colonies 
thus established. To accomplish this, the Kings of England 
gave liberal charters with land-grants, which under other con¬ 
ditions might never have been allowed. 

As for the colonists, persecutions in Europe caused many 
to come to America; the love of adventure had its charm, 
but persecution in government and religion had most to do 
with their coming; some came with the definite aim of found¬ 
ing a free State. The Puritans and the Pilgrims went to the 
New England coast; the Quaker Colony became Pennsylvania; 
the fugitive Catholics founded Maryland; and the Protestants 
from France found homes in the Southern Colonies. 

The London and Plymouth charters issued in 1606 form 
the basis of English colonial government in America. They 
were very important both to the cplonists and to the Crown. 
They were characterized by the following: 

1. They admitted the direct authority of the Crown. 

2. They secured permission to emigrate. 

3. They authorized settlement. 

4. They secured title to land. 

5. They secured protection to the colonists. 


The Constitution of the United States in Outline. 13 

Each company had a council in the Colony composed of 
thirteen members appointed by the King; above them was a 
general council of fourteen in England, also appointed by the 
King. Some of the provisions were: 

1. The English Church and the King’s supremacy 

must be maintained. 

2. Trial by jury must be granted. 

3. Drunkards and vagrants must be punished. 

4. Death should be the penalty for treason and 

murder. 

5. Resident council might coin money. 

6. Colonists must be kind to the Indians. 

These two charters lasted but fourteen and eighteen years 
respectively, yet they left an abiding influence upon the civil 
government of the Colonies. The free man and the recogni¬ 
tion of his individual rights were acknowledged; and one hun¬ 
dred and seventy years later we have the same idea more 
fully developed in the State governments established in 1776. 

The King’s authority was never very popular in the North¬ 
ern Colonies, and it gradually lost ground in the Southern 
Colonies as they became Americanized. 

The people of the Plymouth Colony had been fugitives in 
Holland for ten years, while the members of the Jamestown 
Colony enjoyed the pleasure of the Crown. 

From these two conditions, together with the influences of 
climate and soil, there developed two systems of local govern¬ 
ment—the municipal township system and the county system. 

Thh Township. 

The township system of government had its origin in the 
New England Colonies, where the first English inhabitants set¬ 
tled mostly by church congregations, and were bound closely 
together by the ties of the Church and the fear of the Indians. 


14 The Constitution of the United States in Outline. 

Quite naturally this little community became a unit of 
government and the center about which developed that spirit 
of independence which characterizes the New Englander. 

Each community had its own militia company, imposed 
and collected its own taxes, and elected its own officers. 

The political business was done at first at the church; 
but later the town-meeting house was built and politics was 
partly removed from church supervision. 

Each male citizen of age was a qualified voter; in some 
instances, he was required to belong to the church or to 
hold property. They voted by raising the hand, the minister 
counting. 

This early New England government is characterized as 
democratic. Thomas Jefferson said the vigor of the Revolution 
came from the town meeting. 

The County. 

The county system developed well in the South, where 
the law was for the most part in the hands of the King’s 
officers. The people counted for but little in law-making, and 
it was not until after the Revolution that the people, as a 
whole, believed that the public business of the community is 
the private business of every citizen. 

These counties were very large and great landed estates 
were established within them much like the manorial estates 
in England after the Norman Conquest. These estates were 
populated by poor whites and slaves who knew nothing of 
the things that were discussed in the town meetings of New 
England. The master of the estate gave little thought to the 
political education of the people. He believed as John Adams 
later expressed it, “None but the well-born are fit to rule.” 

The representative democracies of the North and the rep¬ 
resentative aristocracies of the South produced many able 


The Constitution of the United States in Outline. 15 

men. Under their leadership the forces of American life were 
united and directed against the English Crown. 

During the growth of our government, it has been the 
tendency of these two systems to unite in producing a system 
of State government at once economic and effective. 

REV01.UT10NARY States. 

The Americans had already had one hundred and fifty 
years of experience in local government when the first State 
constitution was formed. Long distance from England and 
poor facilities for communication compelled the English Par¬ 
liament to permit the Colonies to share in forming local laws. 
The long exercise of this privilege made the notion easy that 
they possessed not only the right to make their own laws, 
but the exclusive right. During these years much experience 
in administration of government had been obtained and was 
practically applied under the forms of 

1. Legislative, or law-making. 

2. Executive, or law-enforcing. 

3. Judicial, or law-interpreting. 

The original thirteen States resulted from conditions and 
circumstances, instead of by the working out of a prearranged 
plan. 

The Colonial governments were not destroyed; they were 
adjusted to suit the democratic conditions, and continued 
under the new name of State constitutions. 

These constitutions were all revolutionary in their meth¬ 
od of adoption. They were passed under the advice of the 
Continental Congress, and on the following dates: 

New Hampshire, January 5, 1776. 

South Carolina, March 26, 1776. 

Virginia, June 26, 1776. 

New Jersey July 3 , 1776. 


16 The Constitution of the United States in Outline. 

Delaware, September 21, 1776. 

Pennsylvania, September 28, 1776. 

Maryland, November ii, 1776. 

North Carolina, December 18, 1776. 

Georgia, February 5, 1777. 

New York, April 20, 1777. 

Massachusetts, June 15, 1780. 

Connecticut and Rhode Island used their charters until 
1818 and 1842 respectively. 

During the Revolution, the States were united in a com¬ 
mon interest and directed by a common authority known as 
the Second Continental Congress ;pt was little more than an 
advisory board composed of delegates from each State. It 
served, however, as the national authority during the war, 
or until the adoption of the Articles of Confederation, March 
II, 1781. During the war the States were friendly, and acted 
as a unit. When the war closed, differences arose on the 
questions of State authority, coinage of money, commerce, 
Indians, citizenship, ownership of territory, and the war debt. 
The Confederation Government, which had so recently dis¬ 
placed the Continental Congress, was not powerful enough to 
settle these questions; and as a result it lost the respect and 
confidence of the people, who were iDeginning to think that 
each State was the proper authority to settle such questions 
for itself. 

Township, county, and State patriotism was a natural 
product of the Colonial and Revolutionary times; and so con¬ 
tented were the people under their local governments that many 
were reluctant to send delegates to the Constitutional Conven¬ 
tion which met in the summer of 1787 and framed our present 
Constitution. Rhode Island refused to send delegates. It was 
with great difficulty that nine States, the necessary number, 
were induced to adopt the new Constitution, which became 


The Constitution of the United States in Outline. 17 

/ 

fully operative April 30, 1789. Washington was then Presi¬ 
dent over eleven States; after seven months, North Carolina 
adopted the Constitution, and Rhode Island became a State 
May 29, 1790. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. Where was legislative power vested during the Colonial period? 
Ans. During the Colonial period the legislative power was vested 

in the Colonial Legislatures, with the veto power vested in a Royal Gov¬ 
ernor or a Proprietary Governor or in a Council, either in the Colony or 
in England. 

2. Why did the Colonies resist English taxation? 

Ans. The colonists believed it wrong in principle to be taxed by 
a body in which they had no representative. 

3. What are the principal charters of English liberty? 

Ans. (a) The Magna Charta, 1215. 

(6) The Petition of Rights, 1628. 

(c) The Bill of Rights, 1689. 

4. When did the United States become a nation? 

Ans. July 4, 1776. 

5. Give ten important events in the growth of the American Govern¬ 
ment before 1789. 

Ans. I. The Treaty of Paris, 1763. 

2. The Stamp Act Congress, 1765. 

3. The First Continental Congress, 1774. 

4. The Second Continental Congress, i775- 

5. The Declaration of Independence, 1776. 

6. Battle of Saratoga, 1777. 

7. Articles of Confederation adopted, 1781. 

8. Peace of Paris, 1783. 

9. Philadelphia Convention, 1787. 

10. Present Constitution adopted, 1789. 

6. Was the adoption of the Constitution revolutionary? 

Ans. Yes; it was a peaceful revolution. 

7. What power has exercised sovereignty during the successive pe¬ 
riods of American history? 


i8 The Constitution of the United States in Outline. 


Ans. (a) The English Parliament and Crown from 1607 to 1776. 

(b) The Continental Congress, 1776-1781. 

(c) The Congress of the Confederation, 1781-1789. 

(d) The organized Government under the present Constitution 

1789 to the present, 

8. Vv’'hat is'a-State? 

Ans. A State is a body politic of people organized under law for 
the purpose of promoting their mutual advantage. 

9. What is a State constitution? 

Ans. A State constitution is a written instrument defining the pow¬ 
ers of the State and distributing those powers to the various branches 
or departments thereof. 

10. What is the United States Constitution? 

Ans. The United States Constitution is a written instrument of 
law operative upon the States and the people within the States, col¬ 
lectively and individually. 

11. Why is a written constitution necessary in the United States? 

Ans. The sovereign will of the people can not act collectively in 

the operation of the affairs of government; a written constitution is 
necessary to direct and' control those entrusted with the operation of 
the powers of government. 

12. Wha.t are the elements of weakness— 

(a) Of a written constitution? 

(b) Of an unwritten constitution? 

Ans. (a) It may be too positive and too difficult to change. 

(b) An unwritten constitution may be too uncertain and too 
easy to change. 

13. What are the three classes of powers? 

Ans. (a) Exclusive. 

(b) Exclusive if exercised. 

(c) Concurrent, 

14. When is a power exclusive? 

Ans. A power is exclusive when exercised by one authority alone. 
Example: Congress has the exclusive power to coin money. 

15. Give an example of “exclusive if exercised.” 

Ans. While there was no United vStates law on bankruptcy, some 
of the States passed bankruptcy laws. In 1898, Congress passed a bank¬ 
ruptcy law. Because Congress exercised this power, the vState bank¬ 
ruptcy laws became void, and the States can not now pass such acts. 

16. What are concurrent powers? 

Ans. Concurrent powers are those powers exercised by any one 
of two or more authorities. Example: Any peace officer of State or 
nation has the legal-power to arrest criminals, regardless of the character 
of the crime. 


The Constitution of the United States in Outline. 19 

ArticIvKs of Confederation. 

The Articles were not suitable for a strong government. 

I. Defects in organization. 

I. Legislative. 

(a) Term too short. 

{h) Service limited. 

(c) State could recall. 

{d) Salary paid by State. 

II. Defects in operative powers. 

1. Taxation—no power to collect. 

2. Armies and navies—no direct power. 

3. Could not enforce—simply advise. 

III. Conclusion: The Articles of Confederation were forms of 
law which the States were supposed to respect and 
obey. 

The Constitution. 

The Constitution is suitable for a strong government. 

I. Power in organization. 

1. Legislative. 

(а) Length of term reasonable. 

(б) Service unlimited. 

(c) Membership beyond recall. 

{d) Salary paid from United States Treasury. 

2. Executive—with constitutional powers. 

(а) Civil powers. 

(б) Military. 

3. Judicial—with highest legal powers. 

II. Power in the operation of government. 

I. Taxation — can collect. 

■ 2. Army and navy—can create. 

3. Execute the laws. 

III. Conclusion: The Constitution of the United States is an 
instrument of law operative upon the several States 
and the people within the States, collectively and in¬ 
dividually. 


20 


The Constitution of the United States in Outline. 


CHAPTER II. 

Distribution and Vestment of Power. 

The Preamble in Outline. 

I We, the people of the United 
I States. 

I. In order to form a more per¬ 
fect union. 

j 2. Establish justice. 

I 3. Insure domestic tranquillity. 

1 4. Provide for the common de- 

t fense. 

5. Promote the general welfare 
and 

< 6. Secure the blessings of lib¬ 

erty to ourselves and our 
posterity. 

f Do ordain and establish this 
4 Constitution for the United 
( States of America. 

I. Legislative Power. 

Vested in a Congress which shall be composed of: 

A. Senate (I.; 3,1).* 

1. Composed of two senators from each State. 

2. Elected by the State Legislature. 

3. Qualifications. 

1. Age—30 years. 

2. Citizen of the United States 9 years. 

3. Inhabitant of State. 


Preamble. 


Parties. 


Special 

Purposes. 


General 

Purposes. 


The Final 
\ Purpose. 


*Article I.; Section 3, Clause i. 






The Constitution of the United States in Outline. 21 

4. Salary. (vSee pages 24, 54.) 

5. Sole power to try impeachments (I.; 3, 6). 

6. The Senate is divided into three classes (I.; 3, 2). 

Each of the original thirteen States in alphabetical ar¬ 
rangement placed the senators in three classes as equal as 
may be. All terms are full six years after the first term. {See 
page 23.) 

B. House of Representatives (I.; i, i). 

1. Composed of (I.; 2, i): 

(a) Members from the several States. 

2. Elected by the people for two years. 

[The State determines who may vote for a represent¬ 
ative by determining who may vote for members of 
the lower house of the State Legislature (I.; 2, i).] 

3. Qualifications. 

1. Age—25 years. 

2. Citizens of the United States 7 years. 

3. Inhabitant of the State. 

4. Representation in Congress for each decade with ra¬ 

tios and salaries. (Art. I.; 2, 3, and I.; 6, i.) 

The fixing of this ratio of Congressional representation 
each ten years is largely a political matter—a strife on the 
part of each State to secure as many representatives as pos¬ 
sible. In 1900, as soon as the Census Bureau could furnish 
Congress the figures on total population, the House of Rep¬ 
resentatives took up the question of apportionment for the 
next ten years. 

About every number from 350 to 400 was suggested and 
used as a divisor into the total population; the quotient ob- 



22 The Constitution of the United States in Outline. 

tained would be taken by the representatives from each State 
and used by them as a divisor into the population of their 
State; the quotient obtained would equal the number of rep¬ 
resentatives that State could have. After many divisions, all 
States were satisfied except Nebraska and Virginia; each were 
given an additional representative arbitrarily, and the num¬ 
ber was fixed at 386. The admission of Oklahoma brought 
the number up to 391. 

There is often a remainder resulting from the division 
which determines the number of representatives a State may 
have. 

These representatives are elected by districts, and, if this 
remainder is very large, the State is usually permitted to re¬ 
gard the entire State as a district and elect a representative 
at large. 

(Diagram of Ratios on page 24.) 


The solid lines represent the first pair of senators from 
a State. The six-, four-, and two-years groups are shown by 
the length of the lines. Beginning with the second pair, each 
senator serves six full years, indicated by the stars. 



Twentv-seven states omitted. 



Utah. 

1896. 


*Okla. 

1908. 


Ten states omitted, 
_* 


30 30 


30 


30 I 31 I 31 


*Note: Each state adds its pair of Senators, keeping the groups as 
equal as may be. 

































24 The Constitution of the United States in Outline. 


Representation in Congress for Each Decade 
WITH Ratios and Salaries. 

(I.; 2, 3, and I.; 6, i.) 


Date 

Ratios 

No. 

of 

Rep. 

Salary and Perquisites of Congressmen 

1789 

Const. 

65 








Six 


1790 

33»900 

106 


dollars 





$6.00 per day. 

for every 


1800 

33>900 

142 


twenty 






miles 


1810 

35>ooo 

193 


traveled. 


1820 

40,000 

213 

$1,500 per year. 



1830 

47,700 

234 


Eight 

The 





dollars 

franking 

1840 

70,680 

232 


for every 

privilege 




$8.00 per day. 

twenty 

and 

1850 

93420 

246 


miles 

$125.00 





traveled. 

per year 

i860 

127,000 

246 



for 






stationery. 

1870 

131425 

293 

$3,000 per year. 



1880 

15D912 

330 

$5,000 per year. 







Twenty 


1890 

173,901 

357 

$7,500 per year. 

cents 






per mile. 


1900 

194,182 

391 

$5,000 per year. 



1910 



$7,500 per year. 




There is at present (1910) one delegate from each of the 
following Territories in the House of Representatives: Hawaii, 
New Mexico, Alaska, and Arizona. These delegates are given 
the rights of members except the right to vote. 





















The Constitution of the United States in Outline. 


25 


PRACTICAL QUESTIONS WITH ANSWERS. 

1. What is a Congress? 

Ans. A Congress is all the sessions, regular and special, of the 
Senate and House of Representatives from March the fourth one odd 
year to March the fourth the next odd year. 

2. What is the long session of Congress? 

Ans. The long session of a Congress is the first regular session of 
a Congress, beginning the first Monday in December and extending into 
the following summer, usually to June or July. 

3. What is the short session? 

Ans. The short session is the second regular session of a Congress, 
beginning the first Monday in December following the adjournment of 
the long session, and extending only to the fourth of March next, the 
close of that Congress. 

4. What is a special session of Congress? 

Ans. A special session is a session beginning any other time than 
the first Monday in December, the time set by the Constitution for the 
beginning of sessions. 

5. How may one determine what Congress passed a certain act? 

Ans. Subtract 1789 from the date of the act and divide the re¬ 
mainder by two. The quotient will be the number of the Congress 
desired. 

6. For what purposes are senators grouped into three classes? 

Ans. There are two general purposes: 

(а) The national interest demands it. The framers of the 

Constitution wished to make the Senate a perpetu¬ 
al and an experienced body; by this plan but one 
group may drop, out at one time, thus leaving two 
groups, one of which has had two years’ experience 
and the other four years’ experience. This is a safe¬ 
guard against any inexperience the newly elected 
group may bring in. 

(б) The State’s interest demands it. The State is repre¬ 

sented in the Senate by two senators, and in an ef¬ 
fort to have perpetual representation the two sen¬ 
ators are not placed in the same group, thus causing 
their terms to expire at different times. 


26 The Constitution of the United States in Outline. 


II. Executive Power. 

Vested in a President. 

1. Election (II.; i, 2). 

1. By presidential electors. 

(The dominant party in each State elects a number 
of men equal to the number of men that State is 
entitled to have in Congress. This is the Electoral 
College, which meets at the State capitol and votes 
for President and Vice-President.) 

2. For a term of four years. 

2. Qualifications (II.; 1,4). 

1. Age—at least thirty-five years. 

2. Citizenship—natural-born. 

3. Resident—fourteen years within the United States. 

3. Succession. 

1. Past (1789-1886). 

1. Constitution. 

1. President. 

2. Vice-President. 

2. Law. 

1. President pro-tem. of the Senate. 

2. Speaker of the House. 

2. Present (1886-1910). 

1. Constitution. 

1. President. 

2. Vice-President. 

2. Taw. 

The Cabinet: 

1. Secretary of State. 

2. Secretary of War. 

3. Secretary of Treasury. 

4. Attorney-General. 


The Constitution of the United States in Outline. 


27 


5. Postmaster-General. 

6. Secretary of Navy. 

7. Secretary of Interior. 

8. Secretary of Agriculture. 

9. Secretary of Labor and Commerce (not 

yet added in succession). 


III. Judicial Power. 

Vested in one Supreme Court and in inferior courts. 

(HI.; I, I.) 

1. Appointment of Judges. 

1. By the President with the consent of the Senate. 

2. During good behavior. 

(Five United States judges have been impeached on 
account of bad behavior, and two were convicted 
and removed from office.)' 

2. Qualifications—Are vested in the appointing power. 

3. Salary. 

1. Constitution. 

Shall receive a compensation not to be diminished 
(III.; I, I). 

2. Law. 

The amounts have varied in the past; at present, the 
Chief Justice gets $13,000. 

Associate Justices get $12,500. 

Circuit Judges get $7,000. 

District Judges get $6,000. 


28 The Constitution of the United States in Outline. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. What is the reason for a distribution of power? 

Ans. It is essential to free institutions to establish guarantees against 
attempts at tyranny. (Cooley, Chapter III.) 

2. In what way do the following preserve the distribution of power: 

(а) The House of Representatives? 

Ans. The House may originate bills and amend any bill at 
discretion; the House controls the revenue. 

(б) Veto? 

Ans. It causes a proposed law to be reconsidered. 

(c) Electoral College? 

Ans. It prevents the concentration of electoral power by giving 
each State a voice. 

(d) The Supreme Court? 

Ans. It has th^ power to construe and apply the law. 

(e) The Constitution? 

Ans. It creates a Congress to make the laws, the executive 
power to execute the laws, and the judicial power to 
construe and apply the law's. 



The Constitution of the United States in Outline. 


29 


Not members. 


CHAPTER HI. 

The Legislative Department. ,(Art. I.) 

Powers Granted. 

In organization: The power to organize is common parlia¬ 
mentary law. It is a power necessary to self-preserva¬ 
tion and to the execution of business. 

A. House. 

1. Elect officers (I.; 2, 5). 

1. Speaker—a member, 

2. Clerk. \ 

3. Sergeant-at-arms. 

4. Chaplain. 

5. Postmaster. 

6. Librarian. 

7. Doorkeeper. 

2. Judge of (I.; 5, i): 

1. Election. 

2. Returns. 

3. Qualification of members. 

3. Quorum. 

1. Consists of a majority. I 

2. Compels absent members to attend. 

3. May adjourn for not more than three days 

without the consent of the Senate. 

4. Two-thirds may punish and expel a member. 

4. Rules: Under the speakership of Henry Clay, the 

House of Representatives allowed much of its 
power to pass to the Speaker. Later Speakers 
acquired more power by rules and precedent. 




30 The Constitution of the United States in Outline. 


It was not until 1895, under the speakership of 
Thomas B. Reed, that the House realized the 
passing of power to the Speaker. Discontented 
members, known as insurgents, frequently ap¬ 
peared, but each succeeding Speaker became more 
powerful. He not only appointed all commit¬ 
tees on legislation, but he appointed a Commit- 
. tee on Rules, of which he was chairman. This 
I committee controlled legislation by determining 
the daily routine of business in the House. On 
March 19, 1910, the insurgents succeeded in gain¬ 
ing control of the House over Speaker Cannon 
and passing the following resolution: 

“There shall be a Committee on Rules, elected 
by the House, consisting of ten members, six of 
whom shall be members of the majority party 
and four of whom shall be members of the mi¬ 
nority party. The Speaker shall not be a mem¬ 
ber of the committee, and the committee shall 
elect its own chairman from its own members.” 

This resolution takes from the Speaker much of 
his former power and leaves him with all the 
power the Constitution ever intended he should 
have—the power to preside over the House. 

B. Senate. 

I. Elect officers. 


1. The Constitution provides that the Vice-Presi¬ 

dent shall preside over the Senate (I.; 3, 4). 

2. President pro-tempore —a member. 


3. Clerk. 

4. Sergeant-at-arms. 

5. Chaplain. 

6. Postmaster. 

7. Librarian. 

8. Doorkeeper. 



The Constitution of the United States nn Outline. 


31 


2. Judge of (I.; 5, i): 

1. Election. 

2. Returns. 

3. Qualifications of members. 

3. Quorum. 

1. Consists of a majority. 

2. Compels absent members to attend. 

3. May adjourn for not more than three days 

without the consent of the House. 

4. Punish and expel a member. 

C. Plan for law-making (Art. I.; 7). 

1. A bill is a proposed law. 

2. All bills for raising revenue shall originate in the 

House of Representatives. 

3. Before any bill becomes a law, it shall be approved 

by any one of the following: 

4. Methods. 

I. I. Passed by a majority of both houses. 

2. Signed by the President. 

II. I. Passed by a majority of both houses. 

2. Vetoed by the President. 

3. Repassed by two-thirds of both houses. 

III. I. Passed by a majority of bothTiouses. 

2. Not signed or returned in ten days, 
Sunday excepted, unless Congress ad¬ 
journ before the ten days expire. 

In operation (Art. I.; 8). 

The Taxing Clause. 

Clause I. 

I. Correlated subjects. 

1. First revenue bill enacted July 4, 1789. 

2. Protective tariff, 1816. 

3. Reciprocity treaties. 


The Constitution of the United States in Outline. 

2. Analysis. 

1. Power—to lay and collect taxes, duties., im¬ 

posts and excises. 

2. Purpose—to pay the debts, provide for the 

common defense. 

3. Manner—shall be uniform throughout the Uni¬ 

ted States. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. What are taxes ? 

Ans. The word taxes embraces all the regular impositions of a gov¬ 
ernment upon persons, property, privileges, occupations, in 
order to raise public revenue. 

2. What are duties and imposts? 

Ans. They are nearly synonymous, and are usually applied to taxes 
on imports and exports. 

3. What are excises? 

Ans. Excises are taxes levied upon the manufacture, sale, or con¬ 
sumption of goods within the country. 

The Borrowing Clause. 

Clause 2. 

1. Correlated subjects. 

1. Provisions for United States debts. 

2. Legal tender acts. 

2. Analysis. 

1. Power to borrow. 

2. On the credit of the United States. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. When is borrowing a form of taxation ? 

Ans. When a tax must be finally levied to pay the debt. 

2. What is legal tender? 

Ans. Money that giust be accepted by the creditor in payment of 
debt which has been contracted without agreement as to 
the kind of money with which it isTo be paid. 

3. What is the credit of the United States? 


The Constitution of the United States in Outline. 33 

Ans. First, all property within the United States. 

Second, the taxing power. 

Third, our national reputation for payment of debts. 

The Commerce Clause. 

Clause 3. 

1. Correlated subjects. 

1. Embargo Act, 1807. 

2. Non-intercourse Act, 1809. 

3. Anti-trust laws, 1890. 

2. Analysis. 

1. Power to regulate commerce with foreign na¬ 

tions. 

2. Among the several States. 

3. With the Indian tribes. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. Does the power to regulate include the- power to destroy? 

Ans. Yes. 

2. How far is the regulation of commerce exclusive in Congress? 

Ans. As far as it exists Jjetween States. 

3. Explain Interstate Commerce Commission. 

Ans. In outline, following: 

Interstate Commerce Commission (1887). 

1. Organization. 

1. Composed of five members. 

2. Appointed by the President. 

3. Expenses paid by Government. 

2. With powers to enforce—■ 

1. Uniformity. 

1. Among States and Territories. 

2. In rates to shippers. 

3. In bookkeeping. 

2. Publication of rates. 

3. It has— 

1. Exposed violations of law. 

2. Secured reasonable rates. 

3. Exposed trusts. 

4. Declared pooling illegal. 



34 The Constitution of the United States in Outline. 

The Naturalization Clause. 

Clause 4. 

1. Correlated subjects. 

1. The Civil Rights Bill of .1866. 

2. Act denying Chinese Naturalization, 1882. 

3. Bankruptcy laws of 1802, 1840, 1867, and 

1898. ^ 

2. Citizens. 

1. Constitutional definition: All persons born or 

naturalized in the United States and sub¬ 
ject to the jurisdiction thereof are citizens 
both of the United States and of the State 
wherein they reside. 

2. International law: The citizenship of the fath¬ 

er determines that of the wife and children 
under twenty-one years of age. 

3. Classes. 

1. Natural-born. 

2, Naturalized. 

4. Persons answering “Yes” to any one of the 

following questions are citizens of the Uni¬ 
ted States: 

(a) Were you born in the United States? 

(b) Have you taken out naturalization pa¬ 

pers? 

(c) Was your father an American citizen be¬ 

fore you became of age? 

(d) Were you a citizen of any Territory an¬ 

nexed to the United States having a 
treaty clause providing for citizenship ? 

(e) Is your husband a citizen of the United 

gtates? 


The Constitution of the United States in Outline. 35 

(/) Have you served one year in the regu¬ 
lar army or navy and received an hon¬ 
orable discharge therefrom? 

3. Bankruptcy. 

1. Definition: A bankrupt is one who has been 

declared by a court to be owing more than 
he can pay. 

2. Purposes. 

1. To secure a fair distribution of the debt¬ 

or’s property to the creditors. 

2. To secure to the debtor a discharge from 

all present indebtedness. 

3. Kinds. 

1. Voluntary: Any person in debt, except 

a corporation, unless he has so failed 
within the last six years. 

2. Involuntary: Any person, except labor¬ 

ers, farmers, and national banks, who 
owe $1,000.00 or more, may be forced 
into the United States district court by 
the creditors. 

The Money Clause. 

Clause 5. 

I. Correlated subjects. 

1. Establishment of Mint and Coinage, 1792. 

2. Legal tender acts. 

3. Free coinage from 1792-1873. 

4. Coinage Law of 1873. 

5. The Redemption Act of 1875-79. 

6. The Bland Act, 1878. 

7. The Sherman Act, 1890. 

8. The Sherman Act repealed, 1893, 


36 71 ie Constitution of the United States in Outline. 

9. The Gold Standard Taw, 1900. 

10. Standardizing Bureau Law, 1901. 

2. Analysis. 

Power to— 

1. Coin money. 

2. Regulate the value. 

3. Fix standards of weights and measures. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. What is United States money? 

Ans. United States money is a measure of value expressed in coin. 

2. What does a standard dollar weigh? 

Ans. A standard silver dollar weighs 412.5 grains, and a standard 
gold dollar weighs 25.8 grains. 

3. How much pure metal in a dollar? 

Ans. In a standard silver dollar there are 371.25 and in the gold 
dollar there are 23.22 grains. 

4. What is a mint ? 

Ans. A mint is a building in which the coin of the country is manu¬ 
factured. The mints are located at Philadelphia, San Francisco, New 
Orleans, and Carson City. 


The Counterfeiting Clause. 

Clause 6. 

1. Correlated cases. 

United States vs. Marigold (9 Howard, 560), 

Fox vs. Ohio (5 Howard, 410, 433). 

2. Books of reference. 

Pomeroy, “Constitutional Law,” page 358. 
Hinsdale, “American Government,” page 220. 

3. Analysis. 

Power to provide punishment for counterfeiting: 

1. Securities, and 

2. Current coin of the United States. 


The Constitution of the United States in Outline. 2>7 

* PRACTICAL QUESTIONS WITH ANSWERS. 

1. What is counterfeiting? 

Ans. Counterfeiting is the manufacture of forged coins and securi¬ 
ties or having them in possession with intent to pass them as money. 

2. What do current coins include? 

Ans. They include gold or silver or other coin or bars stamped or 
coined at the mints and assay offices of the United States. 

3. What are securities? 

Ans. All bonds, certificates of indebtedness, national currency, cer¬ 
tificates of deposit, bills, checks or drafts for money drawn upon any 
authorized officer of the United States, stamps, and other represent¬ 
atives of value which have been or may be issued under the direction 
of Congress. 

4. What is the penalty for counterfeiting? 

Ans. A fine of $5,000, or from ten to fifteen years in the Peniten¬ 
tiary, or both. 

I 5. Does the law punish for counterfeiting foreign money? 

I Ans. Yes. 

6. Is the power to hear counterfeit cases exclusive in the United 
States courts? 

Ans. No; the States may try such cases. (See cases cited above; 
also Amendment X.) 

The Postoffice Clause. 

Clause 7. 

1. Correlated topics. 

1. Cumberland Road appropriation, 1807. 

2. International Postal Union organized, 1891. 

3. Post-office Department secured the right to 

own and operate telegraph lines, 1866. 

2. Power to regulate postal service. 

1. Foreign. 

Carriage of mails. 

Postage. 

2. Domestic. 

I. Post-offices. 

(a) 'Presidential — paying $1,000 or 
more. 

ip) Minor—paying less than $1,000. 


38 The Constitution of the United States in Outline. 

2. Post roads—when so designated by Con¬ 

gress. 

(a) Wagon-roads. 

{h) Canals. 

(c) Navigable rivers. 

{d) Railroads. 

3. Postage. 

3. Principles. 

1. Equal rights of all to use the mail service. 

2. Secrecy of the mails. 

3. Low postage. 

4. Class of mail. 

First class —Letters, postals, and all matter closed 
against inspection. Postage—2c per ounce, or 
fraction of ounce. 

Second class —Newspapers and publications issued 
as often as four times a year. Postage—ic 
for four ounces. 

Third class —Books, manuscripts, and seeds. Post¬ 
age— IC for four ounces. 

Fourth class —Merchandise not included in the 
other lists and limited to four-pound packages. 
Postage—IC per ounce. 

5. Free delivery. 

1. In cities of ten thousand population, or where 

the receipts are $10,000 per year or above. 

2. Through country communities where routes 

have been established. 

6. Development in service. 

I. In 1782 Congress directed mail to be carried 
at least once a week from one office to an¬ 
other. 


The Constitution of the United States in Outline. 


39 


2. In 1790 the postage amounted to $37,925; in 

1890 it was $100,000,000. 

3. In 1790 there were 75 post-offices, and in 1898 

there were 75,000. 

4. In 1790 there were 1,875 miles of postal routes, 

and in 1890 there were 500,000, employing 
200,000 persons and handling 6,500,000,000 
separate pieces of mail. 

The Patent and Copyright Clause. 

Clause 8. 

1. Correlated subjects. 

The cotton gin, 1793. 

The Fulton steamboat, 1807. 

The Morse telegraph, 1845. 

The Howe sewing-machine, 1846. 

The McCormick reaper, 1853. 

The Bell telephone, 1876. 

The automobile. 

The typewriter. 

2. Analysis. 

1. Purpose—to promote the progress of science 

and useful arts. ^ 

2. Manner—by granting exclusive rights to au¬ 

thors and inventors. 

3. How to obtain a patent. 

1. One must make oath that he is the inventor 

or discoverer of what he wishes to patent. 

2. He must submit a written description of the 

article, accompanied by a drawing or model. 

3. The article must be new, unused, and useful. 

4. Expense. 

I. A fee of $15.00 must accompany the appli¬ 
cation. 


40 The Constitution of the United States in Outline. 

2. If the patent is granted, an additional fee of 
$20.00 must be paid. 

5. Results. 

1. When a patent is granted, the party has the 

sole right to manufacture and sell the arti¬ 
cle patented, for seventeen years. 

2. It will take a special act of Congress to renew 

the patent. 

6. Principles. 

1. Fee is small. 

2. Patents are recorded for comparison. 

3. All patents cease after a brief term (now 

fourteen years). 

4. Exclusive rights to manufacture, use, and sell 

the invention. 

7. How to obtain a copyright. 

1. One must give the name as author, designer 

or proprietor. 

2. A printed copy of the title-page of the pub¬ 

lication must be sent to the Librarian of 
Congress. 

3. A fee of fifty cents, for recording, must accom¬ 

pany the documents sent. 

4. Fifty cents additional must be sent when the 

certificate is issued. 

3. When the matter is published, two copies must 
be sent to the Librarian of Congress. 

6. The publication must bear the date of the 
copyright issued. 

8. Benefits secured. 

I. National. 

I. The copyright secures the exclusive right 
of publishing the book or article for 
twenty-eight years. 


The Constitution of the United States in Outline, 41 


2. Six months before the expiration, a re¬ 
newal may be secured for a further term 
of fourteen years. 

2. International. 

1. By the act of Congress, March 3, 1891, 

the copyright privilege is extended to 
foreign authors. 

2. Provided: 

I. That their government grants the 
same privilege to American 
authors. 

I 2. That the printing is actually done in 
I the United States. 

The Court Clause. 

Clause 9. (See Article III. for discussion.) 


Clause 10. 


The Piracy Clause. 


I. Correlated subjects. 

1. Act of Congress, April 30, 1790. 

2. War with Tripoli, 1801-5. 

3. The Algerian Pirates of 1812. 

4. Act of Congress, May 15, 1820. 

5. Act of Congress, March 3, 1870. 

6. Alabama Claims, 1872. 


2. 


Analysis. 

Congress shall have power— 


To define 
and 

Punish: 


1. Piracies. 

2. Felonies. 

3. Offenses against the law 

of nations. 



42 7 ^he Constitution of the United States in Outline. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. What is piracy? 

Ans. Piracy is robbery, or a forcible depredation on the high seas, 
without lawful authority and in the spirit and intention of universal 
hostility. (Kent, 183.) 

2. What is felony? 

Ans. Felony is an offense which occasions a forfeiture of either 
lands or goods, or both, and to w^hich capital or other punishment may 
be superadded. (4 Bl., 95.) 

3. What is the law of nations? 

Ans. The law of nations is that code of public instruction which 
defines the rights and prescribes the duties of nations in their intercourse 
with each other. (Kent, i.) 


Clause 

II. 

The War Clause. 


Correlated 

subjects. 

Date 

Cause. 

Result. 

War with 
Tripoli. 

M VO 

0 0 

00 00 

Pirates attacked Amer¬ 
ican commerce. 

Piracy stopped. 

War of 
1812. 

1812- 

1815. 

Impressment of Amer¬ 
ican seamen. 

Impressment stopped. 

Mexican 

War. 

1846- 

1848. 

Boundary troubles. 

Boundary fixed a t 
Rio Grande. 

Civil War. 

1861- 

1865. 

States’ rights,^ nullifi¬ 
cation, slavery, seces¬ 
sion, attack on Fort 
Sumter. 

Supremacy 0 f Na¬ 
tional Government; 
slavery abolished. 

War with 
Spain. 

1898. 

Spanish methods of 
warfare in Cuba. 

Destruction of the 
Maine. 

Spain lost her West¬ 
ern possessions. 
United States gained: 
Philippines, Porto 
Rico, Guam, Sulu. 
Cuba gained inde¬ 
pendence. 

























The Constitution of the United States in Outline. 43 


2. Analysis. 

Congress shall have power: 

1. To declare war. 

2. To grant letters of marque and reprisal. 

3. To make rules concerning captures on land 

and water. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. Define war. 

Ans. War is said to be “that state in which a nation prosecutes 
its right by force.” 

2. What armed vessels are authorized by the law of nations? 

Ans. There are two kinds: 

(а) Public ships of war, owned, officered, and commis* 

sioned by the national authority. 

(б) Private ships, owned and officered by private persons 

and commissioned by the national authority. 

3. What is a letter of marque and reprisal? 

Ans. It is a commission authorizing the bearer to go beyond the 
bounds of his country and seize the persons and property of the enemy. 

4. If the enemy capture a privateer, how shall he be treated? 

Ans. As a prisoner of war. 

5. If a privateer capture property, wffiat becomes of it? 

Ans. (a) If captured upon land, it becomes the property of the 
Government. 

(6) If captured on the water, it is called a prize and is sold 
under the uathority of the United States District Court^ 
The proceeds are pro-rated to the crew if the vessel 
captured is of equal rank; but if of inferior rank, one- 
half must be given to the Government. 

The Army Clause. 

Clause 12. 

I. Correlated subjects. 

1. History of American wars. (See Hart, “Act¬ 

ual Government,” pages 459-480. 

2. Comparative table of armies of the world. 

(See the Year Book or World’s Almanac.) 

3. The Draft Act, 1863. 


44 Constitution of the United States in Outline. 


2. Analysis; 

1. Congress shall have power to raise and sup¬ 

port armies. 

2. No appropriation of money to, that use shall 

be for a longer term than two years. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. What is the military force of the United States? 

Ans. By act of Congress, April 22, 1898, the military forces of the 
United States are declared to consist of all able-bodied men between the 
ages of 18 and 45 years of age. 

2. What are the officers of the Army? 

Ans. General, Lieutenant-General, Major-General, Brigadier-Gen¬ 
eral, Colonel, Lieutenant-Colonel,\ Major, Captain, First Lieutenant, Sec¬ 
ond Lieutenant. (Sometimes the office of General remains vacant for 
several years. It is vacant at present 1910.) 

3. Why are Army appropriations limited to two years? 

Ans. To keep the control of the Army within easy reach of the 
people. 

4. How often does Congress make Army appropriations? 

Ans. Congress makes yearly appropriations. 

5. How large is the regular Army? 

Ans. At present, about 70,000, exclusive of the hospital corps. 

6. How large a regular Army may we have? 

Ans. By the law of 1901, the regular Army can ilot exceed 100,000 
enlisted men. 

The Navy Clause. 

Clause 13. 

I. Correlated subjects. 

1. Paul Jones, 1779. 

2. Threatened war with France, 1798. 

3. Perry’s victory, 1813. 

4. Merrimac and Monitor, 1862. 

5. Dewey’s victory, 1898. 

6. Battle of Santiago Bay, 1898. 

7. The cruise around the world, 1908. 


The Constitution of the United States in Outline. 


45 


2. Analysis. 

Congress shall have power: 

1. To provide and 

2. To maintain a navy. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. How are vessels named ? 

Ans. A first-class vessel is given the name of a State. 

A second-class vessel is given the name of a city or river. 

A third-class vessel is given a name by the President. 

2. How large a Navy do we now have? 

Ans. Twenty-seven first-class battle-ships. 

Eleven second-class battle-ships. 

Five first-class cruisers. 

Seven second-class cruisers. 

Sixteen third-class cruisers. 

Forty torpedo gun-boats. 

Sixteen torpedo-boat destroyers. 

Thirty-six torpedo-boats. 

Nine submarines. 

Total officers, 2,550. , 

Total men, 38,500. 

3. How do we compare in strength with other great Powers? 

Ans. England, first; United States, second; Germany, third; 
France, fourth. 

4. What are the officers of the Navy? 

Ans. Admiral; Vice-Admiral; Rear-Admiral; Commodore; Captain; 
Commander; Lieutenant - Commander; Lieutenant; Lieutenant, Junior 
Grade; Ensign. 

The Rule and Regulation Clause. 

Clause 14. 

Congress shall have power: 

1. To make rules for the Government, and 

2. To regulate the land and naval forces. 

PRACTICAL QUESTIONS WITH ANSWERS. 

I. Why should Congress have power to control the military forces? 
Ans. The Army and Navy are both under the control of national 
officers and all money for the support of the Army and Navy must be 
drawn from the national treasury. 


46 The Constitution of the United States in Outline, 


2. How many rules and regulations are there? 

Ans. (a) Rules and Articles of War, 128. 

(6) Rules and Articles for the Navy, 60. 

3. How may a copy of the rules be secured ? 

Ans. By writing to the department; the better'plan, however, is 
to ask your representative for the list desired. 

The Militia Clause. 

Clause 15. 

1. Correlated subjects. 

1. Whisky Rebellion, 1794. 

2. War with England, 1812. 

3. War with Mexico, 1846. 

4. Civil War, 1861. 

5. War with Spain, 1898. 

2. Analysis. 

Congress shall have power: 

I. To provide for calling forth the militia — 

1. To execute the laws of the Union. 

2. To suppress insurrections. 

3. To repel invasions. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. What is the Militia? 

Ans. (a) The Militia includes every able-bodied male citizen, be¬ 
tween the ages of 18 and 45, within the State. 

(6) The organized Militia is the military force organized by 
the State—sometimes called the Home Guards; the or¬ 
ganized Militia of the several States is known as the 
National Guards. 

2. What provision has Congress made for calling out the Militia? 
Ans. Congress has given the President the power to call out the 

Militia. 

3. May the Militia, when called out by the President, be compelled 
to go into a foreign country? 

Ans. No; during the War of 1812 certain regiments refused to 
go into Canada. 


The Constitution of the United States in Outline. 47 
The Organizing Clause. 

Clause 16. 

I. Correlated subjects. 

(a) Official drill and tactics, U. S.'A. 

{h) The Army. 

1. Company. 

Men, 58 to 118. 

Officers, 3. 

2. Battalion. 

Companies, 4. 

Officers, 14. 

3. Regiment. 

Battalions, 3. 

Officers, 47. 

Machine gun section with 60 men and 
3 officers. 

4. Brigade. 

Regiments, 3. 

Officers, including the staff, about 146* 

5. Division. 

Brigades, 3 infantry. 

Battalions, 2 or more. 

Officers, about 542. 

6. Corps (about 30,000 men). 

Divisions, 3. 

Cavalry, 3 or more regiments and the 
artillery corps. 

Officers, about 1,640. 

2. Analysis. 

Congress shall have power: 

I. To provide for— 

(а) Organizing. 

(б) Arming. 


48 The Constitution of the United States in Outline, 


(c) Disciplining the Militia. 

{d) When in the service of the United 
States. 

{e) Governing the Militia when in the 
service of the United States. 

2. Reserving to the States: 

(а) The appointment of officers. 

(б) The training of the Militia under the 

rules of Congress. 


PRACTICAL QUESTIONS WITH ANSWERS. 

1. Give two advantages of the Militia system. 

Ans. (a) Very little money is required to support it. 

(6) The able-bodied men are engaged in useful occupations 
when not needed as soldiers. 

2 . Compare the Militia with the regular Army. 

Ans. (a) The militia receive no pay when not in the service; the 
regulars receive a fixed monthly salary. 

(6) The regulars are always ready to act; it requires a little 
time to get the militia ready. 


The Property Clause. 


Clause 17. 

I. Correlated subjects. 

I. Seats of United States Government. 


Philadelphia, Penn., 1776. ^ 
Baltimore, Md., 1776. j 

Philadelphia, Penn., 1777. [ 

Lancaster, Penn., 1777. \ 

York, Penn., 1777. | 

Philadelphia, Penn., 1778. } 

Princeton, N. J., 1783. 
Annapolis, Md., 1783. 

Trenton, N. J., 1784. 

New York, N. Y., 1785-1790. 
Philadelphia, Penn., 1791-1800. 
Washington, D. C., 1800. 


Second 

Continental 

Congress. 


^National 

^Congress. 




The Constitution of the United States in Outline. 49 


2. Organization of the District of Columbia. 

. 3. Abolition of slave-trade in the District of Co¬ 
lumbia. 

2. Analysis. 

Congress shall have power: 

I . To exercise exclusive legislation— 

1. Over the District of Columbia. 

2. Over all forts, magazines, arsenals, 

dock-yards, and other needful 
buildings. 

PRACTICAL QUESTIONS WITH ANSWERS. ' 

1. What is a fort ? 

Ans. A fort is a strengthened place supplied with heavy arms. 

2. What is an arsenal? 

Ans. An arsenal is a building where ammunition and arms are stored. 

3. What is a dock-yard? 

Ans. A dock-yard is a harbor used as a station for war-ships. 

4. What is a custom-house? 

Ans. A custom-house is an office where taxes levied on foreign or 
domestic goods are payable. 

5. Do the citizens of the District of Columbia vote in national or 
vState elections? 

Ans. No; because the District is not included within any State. 

6. How is the District of Columbia governed ? 

Ans. The government is administered by three Commissioners; a 
Republican, a Democrat, and an officer of the Engineering Corps of the 
Army. They are appointed by the President and confirm.ed by the 
Senate. The term is three years. The salary is $5,000 per year. 

The “ Edastic’' Clause. 

Clause 18. 

I. Correlated subjects. 

1. The first United States bank, 1791. 

2. The Embargo Act, 1807. 

3. Protective tariff of 1816. 

4. Secession and Buchanan’s policy, 1860-61. 


50 The Constitution of the United States in Outline. 

5. National Banking Act, 1863. 

6. Independent Treasury Act, 1837-40. 

7. Louisiana bought by Jefferson, 1803. 

8. Philippines acquired in 1898. 

2. Analysis. 

■ Congress shall have: 

1. Power to make all laws which shall be 

necessary and proper to execute the 
foregoing powers. 

2. All other powers vested by this Constitu¬ 

tion in the Government of the United 
States. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. How did Patrick Henry regard this clause ? 

Ans. Henry called it the “Sweeping Clause,” by which Congress 
was to overthrow the States. 

2. What did Madison say about the clause? 

Ans. Without the substance of this power the whole Constitution 
would be a dead letter. 

3. How did Hamilton regard it? 

Ans. It is declaratory of a truth which would have resulted by 
implication. 

4. How does the Supreme Court regard it? 

Ans. As necessary to the complete and efficient execution of the 
laws of the United States. 

II. Powers Prohibited. 

In an effort to protect the rights and liberties of the 
people, the Constitution prescribes some prohibitions. 

Prohibitions (Art. I.). 

I. On Congress (Sec. 9). 

I. Absolute. 

(а) No bill of attainder shall be passed. 

(б) No ex-post-facto law shall be passed. 


The Constitution of the United States in Outline. 51 

(c) No tax shall be laid on exports from any 
State. 

{d) No preference shall be given to the ports of 
any State. 

{e) Vessels from State to State shall not be taxed. 
(/) No title of nobility shall be granted by the 
United States. 

2. Conditional. 

(а) Clause i, limited in time and taxation, but 

is now obsolete. 

(б) Writ of habeas corpus, conditioned on public 

safety. 

(c) Capitation or other direct tax, conditioned on 

Art. I.; 2, 3. 

(d) Withdrawal of money, conditioned on appro¬ 

priation bills. 

{e) Titles of nobility, conditioned: 

1. Non-office-holders. 

2. Office-holders, by permission of Congress. 
2. On States (Sec. 10). 

I. Absolute. A State is forbidden: 

(а) To make a treaty. 

(б) To make an alliance. 

(c) To form a confederation. 

{d) To grant letters of marque. 

(e) To coin money. 

(/) To emit bills of credit. 

{g) To make anything but gold and silver tender 
in payment of debts. 

(h) To pass any bill of attainder. 

{i) To pass an ex-post-facto law. 

(;) To pass a law impairing the obligation of 
I . contract. 

(k) To grant titles of nobility. 


The Constitution of the United States in Outline. 

2. Conditional. 

(а) Import duties. 

(б) Export duties. 

Both conditioned on necessity and subject 
to revision by Congress. 

(c) To keep troops. 

{d) War supplies. 

{e) To make agreements with other States. 

(/) To engage in war. 

{g) To make agreements with foreign nations. 

All conditioned on emergency and consent 
of Congress. 


PRACTICAL QUESTIONS WITH ANSWERS. 

1. Of what value is Clause i, .Section 9, Article I.? 

Ans. None except historical. 

2. What is a writ of habeas corpus? 

Ans. One who believes he is wrongfully deprived of his liberty re¬ 
cites the facts in the case to a judge of a court of record and asks to be 
set at liberty. The judge may give a written order to the sheriff, for 
service on the person holding the prisoner, commanding that person 
to bring the prisoner into court. The facts for and against holding 
the prisoner are told, and the judge decides the case according to the 
evidence produced. 

3. What is a bill of attainder? 

Ans. A bill of attainder is a legislative act which inflicts punish¬ 
ment without a trial in court. 

4. What is an ex-post-facto law? 

Ans. An ex-post-facto law is a law which renders an act punishable 
in a manner in which it was not punishable when the act was committed. 

5. To what class of cases does ex-post-facto apply? 

Ans. Ex-post-facto applies to criminal cases only; but in civil cases, 
such as the sale of land, marriage, and mortgage sales, curative or retro¬ 
active laws are often passed. 


The Constitution of the United States in Outline. 53 


6. What is the objection to an export duty? 

Ans. An export duty increases the selling price of the product, 
and the owner has a harder time in finding a market. 

7. How does a ship enter port ? 

Ans. A ship enters port by reporting its arrival and its cargo to 
the custom-house officer. 

8. How does a ship clear port? 

Ans. A ship clears port by obtaining from the custom-house officer 
the papers giving it leave to sail. 

9. Why are titles and presents to Government officers controlled 
by Congress? 

Ans. It is an effort to prevent foreign States from influencing the 
officers of our Government. 

10. Why do we have the prohibitions on States? 

Ans. If a State could exercise those various powers, the nation 
would be drawn into difficulties and the Union would soon be destroyed. 

11. What was the Dartmouth College case? 

Ans. The New’ Hampshire Legislature changed by law the terms of 
the charter of the college, granted many years before. This law the 
Supreme Court set aside in 1818, on the ground that the charter was 
a contract betw’een the State and the college, and that “A State can make 
no law impairing the obligation of a contract.’’ 


54 Constitution of the United States in Outline. 


CONGRESS. 

In Organization. 

Essential for Self-Preservation. 

Senate. Points to Consider. House of Repre¬ 

sentatives. 

Each State, two.Apportionment.By population 

92.Present number.391 

State Legislature.Elected by.Qualified voters 

Six years.Term.Two years 

New election or tem- ) . 

porary appointment V 

By two-thirds majority... Expulsion. .By two-thirds majority 

Thirty years.Minimum age.Twenty-five years 

Nine years.Minimum citizenship.Seven years 

Of the State.Inhabitant.Of the State 

Loyalty.Allegiance.Loyalty 

$ 7 t 500 .Salary.$ 7 ,500 

To try impeachments. . .Impeachment.To impeach 

Each House Decides: 

1. Who are elected to membership. 

2. The rules for its proceedings. 

3. The punishment for disorder. 

4. When to expel a member. 

5. Who may be its officers, except as to President of the 

Senate. 






















CONGRESS. 
In Operation. 


Civil powers. 

I. To raise revenue. 


2 . 


I Direct. 

1. Taxation.^ 

I Indirect. 

I 

2. Borrow money. 
Regulate commerce. 


( Capitation, 
j Land. 

( Personal property. 

( Duties—specific, ad valorem. 

\ Excises—specific, ad valorem. 


r Improve harbors. 
I. Foreign. -I Light-houses. 

[ License pilots. 


( Between States. 

.. Domestic, j 

I. Coinage. 

3. Maintain business stability, -j 2. Weights and measures. 


4. Regulate postal service. 

1. Foreign, 

and 

2. Domestic. 


3. Bankruptcy laws. 

Carriage of mail. 
Postage. 
Post-offices. 
Post-roads. 


5. Encouragement of science and arts. | 
( Piracy. 

6. Define crimes. 


Patents. 

Copyrights. 


Piracy. 

Felony. 

Counterfeiting. 

/ 1. Declare war, grant letters of marque and 
reprisal. 

2. Make rules as to captures. | On water 


Military powers. 


3. Raise and support armies. 

I 4. Create and maintain a Navy. 

5. To organize, f Execute the laws. 

arm, and call-< Suppress insurrections 
the Militia to ( Repel invasions. 

6. To^'make all laws necessary and proper 
\ for carrying the foregoing into effect. 






56 The Constitution of the United States in Outline. 


CHAPTER IV. 

The Executive; Department. (Art. II.) 

I. Power in Organization. 

1. Correlated topics. 

Election of President and Vice-President, 1789. 
Inauguration of Washington, April 30, 1789. 

Election of Jefferson, 1801. 

The Monroe Doctrine, 1823. 

Election of J. Q. Adams, 1824. 

Organization of District of Columbia, 1800. 

Succession of Tyler to the Presidency, 1841. 

The Electoral Commission, 1876. 

2. Vested power (Art. II.; i, i). 

The executive power shall be vested: 

(a) In a President of the United States. 

{b) For a term of four years. 

(c) And with the Vice-President be elected as follows. 

3. Election. 

A. The Electoral College method. 

I. Art. II., Sec. i, 2. 

(а) Each State appoints or selects on the first 

Tuesday after the first Monday in Novem¬ 
ber, as the Legislature directs, 

(б) A number of presidential electors equal in 

number to the senators and representatives 
that State has in Congress. 

(c) No one holding a Government position may 
be an elector. 


The Constitution of the United States in Outline. 57 

2. Amendment XII. 

Electors— 

(а) Meet in their respective States the second 

Monday in January. 

(б) Vote by ballot for President and Vice- 

President. 

(c) Make three lists of persons voted for. 

{d) Sign, certify, and seal the lists. 

{e) Send one list by mail to President of the 
Senate. 

(/) Send a second by special messenger to 
President of the Senate. 

{g) Deposit a third with the United States 
district judge in the State. 

The President of the Senate— 

(а) Opens the list in the presence of both 

houses second Wednesday in February. 

(б) Has them counted by tellers. 

(c) Declares the result of the count, 

B. The House and Senate method: 


Points Considered 


President. 


Vice-President. 


Chosen by. . . 


House o f Repre¬ 
sentatives. 


Senate. 


Candidates from. 


Three highest in 
electoral count. 


Two highest in 
electoral count. 


Voting 


By ballot. 


By ballot. 


State Power 


Each, one vote. 


Each, two votes. 


Quorum 


Representatives 
from two-thirds 
of the States. 


Two-thirds of 
the senators. 


Necessary to a 
Choice . 


Majority of 
States. 


Majority of 
senators. 





























58 The Constitution of the United States in Outline. 


4. Qualifications. 

Art. II.; I, 4. 

(a) Age, thirty-five years at least. 

( 5 ) Citizenship, natural-born. 

(c) Inhabitancy of United States fourteen years. 
Amendment XIV. 

{d) Not holding any other office. 

(e) Not guilty of disloyalty. 

5. Vacancy. 

Created by— 

Expiration of the term. 

Death. 

Temporary inability. 

Impeachment and conviction of— 

Treason. 

Bribery. 

Misdemeanors. 

Filled by 

Election. 

Vice-President. 

Cabinet (see page 26). 

6. Salary. 

Constitutional provision—shall receive a compensation. 
Law—$75,000 per year and $25,000 traveling expenses. 

7. Oath of office. 

Art. II., Sec. I, 7; “I do solemnly swear (or affirm) that 
I will faithfully execute the office of President of the 
United States, and will, to the best of my ability, pro¬ 
tect and defend the Constitution of the United States.” 

II. Administration. 

A. Powers. 

Correlated topics. 

1. Washington’s refusal to receive Genet, 1793. 

2. Whisky Insurrection, 1794. 


The Constitution of the United States in Outline. 


59 


3. Jay’s Treaty, 1794. 

4. The “Midnight Judges,” 1800. 

5. Louisiana purchase, 1803. 

6. Impeachment of Samuel Chase, 1804. 

7. Treaty of Ghent, 1814. 

8. Lincoln’s policy in reinforcing Fort Sumter, 1861. 

9. Emancipation Proclamation, 1862. 

10. Tenure of Office Act, 1867. 

11. Civil Service Act, 1883. 

1. Military (Art. 11 .; 2, i). 

Command of: 

Army. 

Navy. 

Militia. 

' Direct military operations. 

Begin hostilities. 

Proclaim a blockade. 

2. Civil (Art. II., Secs. 2 and 3). 

1. Legislative. 

(а) Send messages to Congress. 

(б) Sign or veto bills. 

(c) Call Congress in extra session. 

{d) Adjourn Congress when the houses fail to 
agree to adjourn. 

2. Executive. 

(a) Sole. 

1. Commander-in-chief of Army and Navy. 

2. Demand reports from heads of depart¬ 

ments. 

3. Appointment to some inferior offices. 


6o The Constitution of the United States in Outline. 

(b) Shared with the Senate. 

1. To make treaties. 

2. To appoint: 

Ambassadors. 

Ministers. 

Consuls. 

Judges. 

Other officers of the United States. 

Civil service. 

Classified. 

Unclassified. 

3. Judicial. 

(а) Pardon. 

(б) Amnesty. 

(c) Reprieve. 

(d) Commutation of sentence. 

B. Duties (Art. II.; ’3, i). 

1. The President at all times must himself be governed 

by law. 

2. He must “take care that the laws be faithfully exe¬ 

cuted.” 

As a means to that end he has at his command: 

(a) The Attorney-General’s office, through which 

he supervises all the United States courts. 

(b) The military force to maintain the suprem¬ 

acy of law if the operation of law is ob¬ 
structed by violence. 

3. He may call the attention of Congress to laws needed. 

4. Recommend new measures to Congress. 

5. Receive foreign representatives. 


The Constitution of the United States in Outline. 6i 


PRACTICAL QUESTIONS WITH ANSWERS. 

1. Why was there an effort to place the executive power in a 
committee ? 

Ans. Because the people feared a monarchy. 

2. Why was executive power vested in one person? 

Ans. To secure energy in the execution of affairs and to fix re¬ 
sponsibility. 

3. What methods of electing the President were proposed? 

Ans. Many plans were proposed: by the people; by Congress; by 
the governors of the States; and by electors. 

4. Why was the elector method adopted ? 

Ans. As a compromise between democracy and aristocracy. The 
people lost their direct vote, but may elect the electors. Congress lost 
its vote, but the President is elected by a body identical in number and 
territorial distribution. 

5. What Presidents secured election by the House method? 

Ans. Thomas Jefferson, first election, and John Quincy Adams. 

6. How does a pardon operate? 

Ans. It relieves the person named under conviction from the 
punishment. 

7. What is a commutation? 

Ans. It is substitution of a lighter punishment for the one prescribed. 

8. What is a reprieve? 

Ans. A reprieve—sometimes called a “stay of execution”—is the 
withholding of punishment, for a time, after conviction and sentence. 

9. What is an amnesty? 

Ans. An amnesty is a pardon, or act of forgiveness, directed to a 
person or group of persons, blotting out the supposed offense without 
prosecution. 

TO. What is a treaty? 

Ans. A treaty is an agreement between nations settling questions 
which may be in dispute between them; such as war, boundaries, com¬ 
merce, extradition, and postal affairs. 

11. Do removals require the consent of the Senate ? 

Ans. No; but in 1867 Congress passed the Tenure of Office Act, 
which was repealed in 1887. 


62 The Constitution of the United States in Outline. 


III. Executive Functions Distributed to Cabinet Departments. 
The Cabinet is a strong arm of the Executive, yet it rests upon 


narrow constitutional grounds. 


Art. II., Sec. 2. 

Clause I—He may require reports from the heads of de¬ 


partments. 


Clause 2—Heads of departments may appoint inferior 


officers. 



References: 

Foster, “The Practice of Diplomacy.’ 
Lowell, “Essays on Government.” 
Dawes, “How We Are Governed.” 
Fiske, “Civil Government.” 

Hinsdale, “American Government.” 
Hart, “Actualgovernment.” 

I. Secretary of State (1789). 

1. Domestic affairs. 

Has custody of the Great Seal. 
Proclaims laws. 

Issues: 

Proclamations. 

Passports. 

2. Foreign affairs. 

Supervises: 


Diplomatic service— 

Ambassadors. 

Ministers plenipotentiary. 
Ministers resident. 

Charges d’affaires. 

Consular service— 

Consuls-general. 

Consuls. 

Consular agents. 

Negotiations with foreign diplomats. 


The Constitution of the United States in Outline. 63 

2. Secretary of War (1789). 

1. Has charge of military affairs, subject to the direction 

of the President. 

2. Supervises: 

West Point Academy. 

National cemeteries. 

River and harbor improvements. 

Construction and maintenance of military posts. 
Organization and maintenance of land forces. 

3. Secretary of Treasury (1789). 

1. Supervises: 

Customs. 

Internal revenue. 

Immigration. 

2. Publishes: 

Annual estimate. 

Quarterly statement. 

3. Collects: 

Customs (duties). 

Internal revenue. 

4. Supervises coinage. 

Coins— 

Gold. 

Silver. 

Nickel. 

Copper. 

Circulating notes— 

Treasury notes. 

United States notes. 

National bank notes. 

5. Is charged with: 

Supervision of national banks. 

Custody of all Government funds. 


64 The Constitution of the United States in Outline. 

Disbursement of all Government funds. 

Dife-saving service. 

4. Attorney-General (1789). 

1. Advises in legal matters: 

President and 
Heads of departments. 

2. Represents United States in: 

Supreme Court and 
Court of Claims. 

3. Examines and approves titles to land purchased by the 

United States. 

4. Recommends in case of: 

Pardons. 

Commutations. 

Reprieves. 

5. Has control of: 

District attorneys and 
Marshals. 

6. Has supervision of legal action when United States is 

a party. 

5. Postmaster-General (Colonial). 

I. General control of departments. 

First assistant—General charge of post-offices, clerks, 
and carriers. 

vSecond assistant — Supervises transportation of all 
mails. 

Third assistant—Supervises the stamps and the post- 
office finances. 

Fourth assistant—Appoints about 70,000 postmasters 
and directs the post-office inspectors. 


The Constitution of the United States in Outline. 65 

2. Specific control of: 

Domestic. 


Institutes 

and 


Post-offices. 


Discontinues ) 

Foreign. 

Makes mail contracts with foreign countries. 
Negotiates treaties with the President’s consent. 


6. Secretary of Navy (1798). 

1. General control: 

Navy and naval stations. 

Construction. 

Equipment. 

Organization. 

Maintenance. 

Bureaus. 

Navigation. 

Yards and docks. 

Equipment. 

Ordnance. 

Construction and repair. 
Engineering. 

Medicine and surgery. 

Supplies and accounts. 

2. Supervises: 

The Naval Observatory at Washington. 
The Naval Academy at Annapolis. 

7. Secretrary of Interior (1849). 

I. In general. 


The Interior Department is one of the most complex 
and important of the departments. 

The help in the department consists of two assist¬ 
ant Secretaries, six Commissioners, one Director, and 
several thousand clerks. 


66 The Constitution of the United States in Outline. 


2. Bureaus. 

1. Land Commissioner. 

Has charge of public land. 

Directs surveys. 

Issues land titles. 

2. Education Commissioner. 

, Statistics of education. 

Advisory power only, except that he directs the 
schools in Alaska. " 

3. Pension Commissioner. 

Supervises the granting of bounty land or pen¬ 
sions. 

There are about 100,000 pensioners, receiving 
nearly $150,000,000 yearly. 

4. Indian Commissioner. 

Management of Indian affairs. 

Supervises: 

Indian agents. 

Indian schools. 

' 5. Railroad Commissioner—Secures reports from rail¬ 
roads that were subsidized by the United States. 

6. Patent Commissioner—Issues caveats and patents. 

7. Director of Geological Survey. 

Examines: 

Geological structure. 

Mineral resources. 

Mineral products. 

Has charge of survey of the forest reserve. 

8. Secretary of Agriculture (1889). 

I. In general. 

This department is devoted to the disbursement of 
agricultural facts and statistics. 

The divisions devoted to special branches of agri¬ 
culture are: 


The Constitution of the United States in Outline. 67 


2. Branches of science. 

Chemistry. 

Forestry. 

Botany. 

Vegetable Physiology and Pathology. 

Seeds. 

Pomology. 

Agrostology. 

Soils. 

Entomology. 

Biological Survey. 

3. Bureaus. 

Weather Bureau. 

Reports are sent twice each day to Washington. 
Reports are summarized. 

From Washington telegraphic reports are sent to 
stations, where maps are issued daily. 

The maps contain forecasts of the weather from 
one to three days in advance. 

Bureau of Animal Industry. 

1. Inspection of exported— 

Cattle. 

Meat. 

2. Prevention of diseases among live stock. 
Secretary of Commerce and Labor (1903). 

I. Act of Congress, 1903. 

The Department of Commerce and Tabor is “to fos¬ 
ter, promote, and develop the foreign and domes¬ 
tic commerce, the mining, manufacturing, shipping, 
and fishing industries, the labor interests and the 
transportation facilities of the United States.” 


68 The Constitution of the United States in Outline. 

2. Bureaus created by the Act of 1903. 

Bureau of Manufactures. 

Publishes: 

Statistics of manufacture. 

Market statistics. 

Bureau of Corporations. 

1. Power to investigate corporations or trusts. 

2. May compel witnesses to testify. 

3. May compel company to show books. 

3. Independent bureaus before 1903. 

Fish Commission—Propagation of useful food fishes. 
Labor Commission—To collect statistics concerning 
laboring people, markets, wages, and strikes. 

4. Transferred from other departments. 

Bureau of Statistics. 

The Census Office. 

Light-house Board. 

The Commissioner of Navigation. 

The Coast and Geodetic Survey. 

Commissioner of Immigration. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. In England, what is the effect if Parliament opposes the Cabinet? 
Ans. Parliament is dissolved, the Cabinet resigns, and a new Cab¬ 
inet is appointed from the opposition. 

2. In what respect does the American Cabinet differ from the Eng¬ 
lish Cabinet? 

Ans. It differs in four important ways: 

(а) The American Cabinet is composed of nine members, 

while the English Cabinet has about twenty members. 

(б) The American Cabinet are political friends of the Pres¬ 

ident and are not members of Congress. The Eng¬ 
lish Cabinet may or may not be political friends of 
the King, and must be members of Parliament. 

(c) The American Cabinet is appointed by the President; 
the English Cabinet is appointed by the Prime Min¬ 
ister, who is appointed by the King. 


The Constitution of the United States in Outline. 69 


{d) The American Cabinet is denied any part in legislation. 
The English Cabinet members are each the head of 
an important legislative committee and so control 
legislation. 

3. To whom are Cabinet members responsible? 

Ans. To the President alone. 

4. How often does the Cabinet meet? 

Ans. The Cabinet meets on Tuesday and Friday of each week and 
at such other times as the President may desire. 

5. How does the Cabinet aid the President? 

Ans. The Cabinet aids the President in two ways; 

(а) It serves as a body of advisors on matters of national 

concern. 

(б) Each member, being the head of a department, is able 

to furnish the President with definite information on 
both local and national matters touching the affairs 
in his department. 

6. What salary do the Cabinet members receive? 

Ans. The law provides a yearly salary of $12,000. Secretary Knox, 
however, was a senator when the salary of a Cabinet member was raised 
from $8,000 to $12,000: so, to comply with the Constitution, Art. I.; 6, 
2, he must receive $8,000 until the time his senatorial term would 
have expired, which is in 1911. 

7. Name some of the most prominent Cabinet members of former 
years. 

Ans. Hamilton, Gallatin, Calhoun, Webster, Stanton, Sherman, 
Blaine, Hay. 


70 The Constitution of the United States in Outline. 


CHAPTER V. 

The Judicial Department. (Art. III.) 

I. Power in Organization. 

The Organizing Clause. 

Art. III.; I, I. 

1. \^estment of power in— 

One Supreme Court and 
Inferior courts. 

2. Appointment of judges— 

By the President with consent of the Senate (Art. II.; 

2 , 2 ). 

During good behavior. 

(Territorial judges for four years.) 

3. Salary. 

Compensation not to be diminished. 

Present amount, see page 82. 


PRACTICAL QUESTIONS WITH ANSWERS. 


1. What power established the Supreme Court ? 

Ans. The Constitution, by its adoption. 

2. What power established the inferior courts? 

A ns. Congress, by legislative acts. 

3. What inferior courts have been established? 

Ans. (a) Congress has made nine territorial divisions of the United 
States; each division is called a circuit, in which is 
established a circuit court. 

(6) Congress has established an appellate court, also, in each 
of the nine circuits. 

(c) Congress has established one or more district courts in 
' each State and Territory. There are about ninety-five 

at present. 

(d) Congress has established a District of Columbia court, and 

a Territorial court in each of the Territories. 


(e) Congress has established a Court of Claims. 

(/) Congress has established consular courts in some foreign 
countries. 


The Constitution of the United States in Outline. 71 

United States Courts. 

Regular. 

Supreme—Established by Constitution. 

Inferior.—Established by Congress. 

Appellate. 

Circuit. 

District. 

Irregular (also inferior). 

District of Columbia. 

Territorial. 

Court of Claims. 

Consular. 

II. Extent of Power. 

Correlated topics. 

The Judiciary Act, 1789. 

“Life of John Marshall,” by Magruder. 

Marbury vs. Madison, 1801. 

Burr’s conspiracy and trial, 1805-07. 

Dartmouth College case, 1818. 

McCulloch vs. Maryland, 1819. 

Dred Scott decision, 1857. 

Injunctions in labor disputes. 

The Case Clause. 

-Art. III.; 2, I. 

The judicial power shall extend : 

I. In general. 

To all cases in— 

Law and 
Equity. 

Arising under— 

This Constitution, 

The laws of the United States, and 
Treaties made or which shall be made under 
their authority. 


72 The Constitution of the United States in Outline. 

2 . In particular. 

To all cases affecting— 

Ambassadors, 

Other public ministers, and 
Consuls. 

To all cases of— 

Admiralty and 
Maritime jurisdiction 
To controversies— 

To which the United States shall be a party. 
Between two or more States. 

Between a State and citizens of another 
State. 

Between citizens of different States. 

Between citizens of the same State claiming 
land under grants of different States. 
Between a State, or the citizens thereof, and 
foreign States, citizens, or subjects. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. What is a case in law ? 

Ans. A case in law is a case in which the law provides a remedy if 
judgment is rendered, or punishment if conviction is secured. 

2. What is a case in equity? 

Ans. A case in equity is the application of justice to a case for 
which there is no remedy provided by the laW. The courts apply it to 
civil cases only. 

3. How may a case arise under the Constitution, the law, ora treaty? 
A ns. A case arises if any one of the following is in question: 

(а) A power conferred. 

(б) A right claimed. 

(c) A privilege granted. 

(d) A protection secured. 

(e) A prohibition contained. 

4. To what ambassadors, ministers, and consuls does the clause refer? 
Ans. To those sent to us from foreign countries. 


The Constitution of the United States in Outline. 73 


5. What is a case of admiralty? 

Ans. A case of admiralty is an act or injury committed upon the 
high seas, where all nations claim a common jurisdiction. The modern 
custom is to extend the principle to all navigable waters. 

6. What is a maritime case? 

Ans. A maritime case is one arising out of a contract or a claim 
touching either commerce on the water or navigation. 

7. What portion of this clause is annulled by the Eleventh Amend¬ 
ment? 

Ans. The right of a citizen to sue a State, other than his own, 
is annulled. 


The Jurisdiction Clause. 

The Supreme Court shall have: 

1. Original jurisdiction. 

In all cases affecting— 

1. Ambassadors, other public ministers and con¬ 

suls, and 

2. Those in which a State shall be a party. 

2. Appellate jurisdiction. 

1. In admiralty and maritime. 

2. Between citizens of the same State claiming land 

under grants of different States. 

3. Between citizens of different States. 

4. Between citizens and aliens. 

5. Between citizens and foreign States. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. What is jurisdiction? 

Ans. Jurisdiction is the right to hear and determine a legal 
controversy. 

2. What is original jurisdiction? 

Ans. Original jurisdiction is the right to hear and determine a legal 
controversy in the first instance. 

3. What is appellate jurisdiction? 

Ans. Appellate jurisdiction is the right to review cases which have 
been heard in lower courts. 


74 "The Constitution of the United States in Outline. 


4. What is concurrent jurisdiction? 

Ans. Concurrent jurisdiction is the jurisdiction in which either one 
of two or any one of more courts has the right to hear and determine 
a legal controversy. 

5. What is exclusive jurisdiction? 

Ans. Exclusive jurisdiction is the right of one court alone to hear 
and determine a legal controversy. 

6. To summarize? 

Ayis. Jurisdiction: 

1. Original— 

(а) Concurrent. 

(б) Exclusive. 

2. Appellate. 

The Trial Clause {Art. III.; 2, 3). 

The trial of all crimes, except in cases of impeachment, 
shall be by jury; and such trial shall be held in the State 
where the said crimes shall have been committed; but w^hen 
not committed within any State, the trial shall be at such 
place or places as the Congress may by law have directed. 

PRACTICAL QUESTIONS ^^TTH ANSWERS. 

1. What is trial by jury? 

Ans. A trial by jury in a United States court is a trial in the pres¬ 
ence of twelve men impartially selected and sworn to render a just ver¬ 
dict; this jury must agree unanimoudy before the person accused can 
be convicted. 

2. Why must the trial be held in the State where the offense was 
committed? 

Ans. To favor the person accused by causing him as little incon¬ 
venience as possible. 

3. Where are crimes not committed in any State tried ? 

Ans Those committed in the Territories may be tried there; those 
committed on the high seas, or on navigable waters outside a State, are 
tried in the State where the vessel first arrives. 


The Constitution of the United States in Outline. 75 

Treason and Punishment Clauses {Art. 111 .; 3, i, 2). 
Treason against the United States. 

1. Definition. 

Treason shall consist in lev^dng war against the Uni¬ 
ted States or in adhering to their enemies, giving 
them aid and comfort. 

2. Conviction. 

No person shall be convicted unless on the testimony 
of two witnesses to the same overt act or on con¬ 
fession in open court. 

3. Punishment. 

Congress shall have power to declare the punishment, 
but 

No attainder of treason shall work corruption of blood, 
or forfeiture except during the life of the person 
attainted. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. What is the origin of our Constitutional definition of treason? 

Ans. It comes from an old English statute passed in the time of 

Edward III., defining treason under seven heads; our treason clause 
embodies the third, which was to levy war against the king, and the 
fourth, which was to adhere to his enemies. 

2. Why did, the Convention put the definition of treason in the 
Constitution? 

Ans. First, to make the meaning as definite as possible. Second, 
to prevent constructive treason; i. e., some act defined as treason which 
no one had suspected to be treason. 

3. If an enemy at war should seize your goods and later offer to 
pay, would you be a traitor to receive it? 

Ans. Yes; because you would convert the unlawful seizure into 
a sale. 

4. What punishment has Congress prescribed for treason? 

Ans. By the Act of 1790, there are two degrees: 

(а) Death by hanging, or 

(б) Fines and imprisonment. 


76 The Constitution of the United States in Outline. 

5. What is “corruption of blood”? 

Ans. In the Constitutional sense, it is the destruction of the right 
to inherit property. (For bill of attainder, see page 52.) 

6i In what way can corruption of blood or forfeiture apply during 
life only? 

Ans. Suppose A has a son, B, who has a son, C; B commits treason 
and forfeits all his property to the Government, and then dies; C may 
now inherit from A what B would have inherited had he lived and not 
committed treason. Under the old English law, C could inherit nothing. 

III. United States Courts. 

Regular. 

I. Supreme. 

1. Meets in Washington in October of each year. 

2. There are nine judges; six is a quorum. 

3. This court supervises nine judicial circuits in the 

United States. 

4. Original jurisdiction extends to all cases affecting 

ambassadors, other public ministers and consuls. 

5. Appellate jurisdiction in cases from State courts 

and certain inferior United States courts. 

6. Exclusive jurisdiction in suits against ambassadors, 

other public ministers and consuls. 

7. The court may modify its own decision, but its 

judgment is final. 

8. Its power can neither be limited nor extended by 

Congress. 

9. Jurisdiction. 

Original. ' 

Exclusive— 

(a) When the United States sues a 
State. 

ih) Between States. 

(c) Between States and foreign States. 

(d) If an ambassador or minister is the 

defendant. 


The Constitution of the United States in Outline. 77 


Not exclusive— 

(а) When a State sues a citizen of an¬ 

other State. 

(б) When an ambassador or minister 

sues an individual. 

(c) When a consul or vice-consul is the 
plaintiff or defendant. 

Appellate. 

(а) When jurisdiction of court is in issue. 

(б) On final decree in prize cases. 

(c) On conviction in cap ital cri pies^, 

{d) Onr"c^^ructT6n or application of the 
Constitution. 

{e) On constitutionality of a law or treaty. 
(/) On constitution or law of a State in con¬ 
flict with the Constitution or a law of 
Congress. 

10. This court is established by the Constitution. 

II. Appellate courts. 

1. There are nine appellate courts. 

2. One appellate court in each Supreme Court circuit. 

3. This court may be held by any three United States 

court judges within the circuit ^ 

4. Cases are not begun in this court; it simply re¬ 

views cases which have been heard in lower 
courts. 

5. This court exists because more cases have been 

appealed to the Supreme Court than it can re¬ 
view. 

6. This court was created in 1891. 

7. Jurisdiction. 




yS The Constitution of the United States in Outline. 

Appellate: 

Final— 

(а) Alienage cases. 

(б) Diverse citizenship. 

(c) Patent, revenue, and criminal cases. 
Not final— 

(a) Copyright cases. 

{h) Parties incorporated under an act 
of Congress. 

(c) Cases against certain United States 
officers. 

8. This court has the right to ask the Supreme Court 

questions of law. The Supreme Court may— 

(а) Give a binding answer. 

(б) Order the case up for review. 

9. This court was established by Congress. 

III. Circuit courts. 

1. There are nine circuit courts. 

2. There is one Supreme Judge assigned to each 

circuit. 

3. There are three or four circuit judges in each 

circuit. 

4. A circuit is all the United States district courts 

within a group of States. 

5. Court is held in each district within the circuit at- 

at least once in two years. 

6. This court has jurisdiction over most crimes and 

offenses against the United States. 

i y. Violations of patent and copyright cases are 
brought in this court. 


The Constitution of the United States in Outline. 79 

8. Jurisdiction. 

Concurrent with States— 

(a) If over $2,000 involved. 

1. Cases arising under Constitution or 

law of Congress. 

2. Between citizens of different States. 

3. Between citizens and foreign States, 

citizens or subjects. 

{h) Exclusive of cost. 

1. Between citizens of same State claim¬ 

ing land under grants of different 
States. 

2. When the United States is plaintiff 

against an individual. 

Exclusive of States— 

(a) Over most crimes and offenses against 
the United States. 

{h) Regardless of amount in patent, copy¬ 
right, and revenue cases. 

9. This court was established by Congress. 

IV. District courts. 

1. There are at present (1910) ninety-five district 

courts. 

2. The rule is one judge in each district. 

3. A district is either a State or a part of a State. 

4. The district court is the lowest regular United 

States court. 

5. Its power extends to most crimes and offenses 

against the United States, except those for which 
the“penalty is death. 




8o The Constitution of the United States in Outline. 


6. Jurisdiction. 

(а) Cases. 

1. All crimes except capital ones. 

2. Penalties and forfeitures. 

3. Suits at common law. 

4. Prize cases. 

5. Civil cases of admiralty. 

6. Postal cases. 

7. Bankruptcy. 

(б) Where brought. 

1. Criminal, in the district where offense was 

committed. 

2. Civil, in the district where defendant lives 

or in the district where the property is 
located. 

Irregular. 

I. Court of Claims. 

1. The court is in Washington, D. C. 

2. There are five judges. 

3. The United States can not be sued. 

4. Parties having claims against the United States 

present them to this court. 

\ 5. This court inquires into the claims and reports its 
» findings to Congress. 

6. Any award for the claimant is passed upon by 

Congress. 

7. This court is in the nature of a judicial commis¬ 

sion or board of arbitration. 

II. District of Columbia Court. 

I. This court exercises a civil and criminal jurisdic¬ 
tion over the District of Columbia. 


The Constitution of the United States in Outline. 8i 

III. Territorial courts. 

1. One court is established in each Territory. 

2. The court has civil and criminal jurisdiction over 

the Territory. 

IV. Court of Private Land Claims. 

1. There are five judges in this court. 

2. The jurisdiction of this court extends only to land 

claims arising out of treaties made with Mexico 
in 1848 and 1853. 

V. Consular courts. 

I. The judicial duty of a consul may be to hold court 
for any one of the following reasons: 

(a) To examine for crime committed on the high 
seas. 

{h) To hear complaints of seamen. 

(c) ^ reclaim deserters. 

(d) To extend relief to destitute seamen. 

(e) - To probate wills. 

(/) To conduct a trial in half-civilized countries 
when an American citizen is party to the 
suit. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. Why are these five courts irregular? 

A ns. Because each court lacks some feature which belongs to a 
regular court. 

(a) The Court of Claims can not enforce its judgments. 

(b) The District of Columbia Court is exclusive for a city. 

(c) Territorial courts are uncertain as to time of existence, 

and judges are appointed for four years at a time. 

(d) The Court of Private Land Claims is irregular because 

its jurisdiction is limited to a few la nd claims. 

(e) The consular court is irregular in territory, being the 

only United States court not helaofiLA.merican soil. 

2. Where do we have consular courts? 

A ns. In the countries of Asia and the Turkish dominion. 

3. Do we allow foreign consuls to hold court in our country? 

Ans. No. All persons are subject to our police power; a foreigner 
may go to his consul here and adjust a civil matter, which might hold 
good in his native country, but to be binding here it would need the judg¬ 
ment of a court. 


82 Jlie Constitution of the United States in Outline. 


COURTS. 

NO. 

JUDGES. 

TERM. 

SALARY. 

where 

LOCATED. 

Regular . 

Supreme . 

I 

9 

Good 

Be¬ 

havior. 

c. J., 

$13,000 

Assoc., 

$12,500 

Washington. 

Appellate . 

Circuit . 

9 

9 

$7,000 

The U. S. is 
divided into 

9 divisions; 
one in each 
division. 

District . 

95 

92* 

$6,000 

A number of 
districts in 
each circuit. 







Irregular. .. 
Court of 

Claims . 

I 

6 

Four 

years. 

$6,000 

Washington. 

District of 
Columbia .. . 

I 

6 

$6,000 

Washington. 

Territorial ... . 

5 

28 

$3,000 

to 

$5,000 

One in 
each 

Territory. 

Private Land 
Claims . 

I 

5 

$6,000 

Washington. 

Consular . 

Organized 
when special 
case arises. 

$1,000 

to 

$5,000 

In foreign 
lands. 


*In three places, Alaska, Mississippi, and Tennessee, we find one 
.udge serving two districts. 











































The Constitution of the United States in Outline. 83 


Citizens^ Rights. 

Private rights: 

Freedom of— 

Religion. 

Speech. 

Press. 

Right to bear arms. 

Prohibiting— 

Quartering of troops. 

General warrants. 

Seizure of property. 

Right if accused of crime— 

To be indicted by grand jury. 

Not compelled to testify. 

Not tried twice for same offense. 

May have speedy trial. 

May have public trial. 

May be confronted by witnesses. 

May compel attendance of witnesses. 

No excessive bail. 

No cruel punishment. 

Right to jury. 

Right to— 

Fife. 

Liberty. 

Property. 

Public rights: 

To prohibit— 

Slavery. 

Involuntary servitude. 

Not to deny the right to vote on account of— 
Race. 

Color. 

Previous condition of servitude. 


84 The Constitution of the United States in Outline. 


CHAPTER VI. 


Tun General Powers. 


I. The Relation of States. (Art. IV.) 


The Preamble sets forth clearly the purposes of the Con¬ 
stitution. 

Article IV. is written in an effort to realize the full meas¬ 
ure of those purposes through the mutual benefits produced 
by harmony in the administration of government. 


The Faith and Credit Clause. 


Correlated topics. 

Missouri Compromise, 1820. 

Wilmot Proviso, 1846. 

Compromise of 1850. 

Personal liberty laws, 1850-60. 

The Shadrach case, 1851. 

Kansas-Nebraska Act, 1854. 

Dred Scott decision, 1857. 

Analysis (IV.; 1,1). 

I. Full faith and credit shall be given in each State to 


the— 

1. Public acts, 

2. Records, and 



3. Judicial proceedings ) 

2. Cpiigx^ss may by law prescribe the manner in which 
such acts, records, and proceedings shall be proved, 
and the effect thereof. 


The Constitution of the United States in Outline. 85 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. How is full faith and credit given? 

Ans. If a court in the State of Iowa enforces the terms of a con¬ 
tract which had been made in Kansas, in the same degree and to the 
same extent that a Kansas court would have done, then Iowa has given 
full faith and credit to the State of Kansas. 

2. What are the public acts of a State? 

Ans. The laws of the State and the proclamations of the governor. 

3. What are the records of a State? 

Ans. The laws, wills, deeds, marriage licenses, and other documents 
on record in the county court-houses, the capitol building, and other 
places of deposit. 

4. What are the judicial proceedings of a State? 

Ans. The judgments, orders, and other records of the proceedings 
of the court. 

5. How may the public acts, records, and judicial proceedings of a 
State be proved in another State ? 

Ans. Any one of the above-named documents may be proved in 
another State by a true copy being made by the proper officer i n charg e 
of such documents. This copy must bear the official ^eal of the State 
and”^ signed by the proper officer in the presence of a notary public. 

The Privilege and Immunity Clause. 

Analysis (IV.; 2, i). 

The citizens of each State shall be entitled to— 

1. All the privileges and ) of the citizens of 

2. Immunities ) the several States. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. Who are citizens of the United States? 

Ans. See Amendment XIV., clause i. 

2. When a citizen leaves his State and enters another, how does 
this act affect his rights? 

Ans. His natural rights he takes with him (the right of life, the 
right of liberty, the right of property) and places them under the care 
of the State he enters. His political rights he leaves in his home State 
and acquires new ones in the State he enters, if he makes his home in 
that State. 


86 The Constitution of the United States in Outline. 


The Requisition Clause. (Art. IV.; 2, 2.) 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. Why is a requisition clause necessary ? 

Ans. Because a State can not punish for crimes committed in an¬ 
other State; therefore, it is necessary, in the effort to secure justice, 
that a way be provided to return the criminal to.the State in which he 
committed the offense, for trial and punishment. 

2. Does the Constitution compel a governor to deliver the prisoner 
when a requisition is presented demanding it? 

Ans. Governors have not so considered it. Compulsion could hardly 
have been the purpose of the Convention, for the Constitution nowhere 
provides a plan for one governor to enforce his commands upon another 
governor, and no Congress has ever attempted such legislation. 

3. For what causes have the requisitions been refused by governors? 

Ans. (a) Uncertainty as to the identity of the person held. 

(6) To prevent lynching. 

(c) To prevent a political punishment from taking the place 
of a legal court trial. 

4. What is extradition? 

Ans. It is the giving up by a nation of a fugitive from justice from 
another nation. The United States has extradition treaties with most 
of the enlightened nations. 

5. May criminals be extradited for offenses against a vState? 

Ans. No. A State can have no treaty relations with a foreign 
country, and the nation can ask only for persons wanted for offenses 
against the United States. 

The Fugitive Clause. (Art. IV.; 2, 3.) 

1. This clause had for its intent and purpose the return 

of runaway slaves and apprentices to their masters. 

2. In 1865, the Thirteenth Amendment was adopted, which 

freed the slaves, thereby rendering that part of this 
clause pertaining to the slaves inoperative and use¬ 
less. The practice of apprenticeship is seldom heard 
of at the present time. 


The Constitution of the United States in Outline. 87 


3, The chief value of the clause now is historical, for out 
of it came the fugitive slave laws which intensified 
the feeling for and against slavery. 


The New State Clause. (Art. IV.; 3, i.) 

New States may be admitted— 

1. By the Congress into this Union; but 

2. No new State shall be formed 

or erected within the juris- without the consent 
diction of any other State, Qf Uegislatures of 

the States concerned 

Any State be formed by the 
junction of two or more 
States or parts of States, 


as.well as of the 
Congrigss. 


PRACTICAL QUESTIONS WITH ANvSWERS. 

1. What is the nature of the power to admit new States? 

Ans. The power is discretionary. Congress may determine who 
may form the government; who may make the laws; the extent of 
territory within the State; whether the existing constitution, if any, 
shall be accepted or amended. These or any other questions arising out 
of the circumstances and conditions touching the case are settled by 
Congress. 

2. How does Congress admit a State? 

Ans. Congress has no uniform way; the following have been used 
at different times: 

(a) The people in the Territory have framed a constitution, 
elected officers under it, and then asked Congress to 
approve their actions and admit them as a State. 
ih) Congress has passed an enabling act permitting the peo¬ 
ple in the Territory to draft a constitution and sub¬ 
mit it to Congress for approval. 

(c) The constitution and government being established with¬ 
out the authority of Congress, but admitted subject to 
some conditions prescribed by Congress. 




88 The Constitution of the United States in Outline. 

3. Were the seceded States readmitted ? 

Ans. No. They had not been out of the Union. A State can not 
sever its Constitutional obligation and relation; a seceded State retained 
its Constitutional obligations and relations although in the hands of a 
disloyal government; and all civil procedure which had no connection 
with disloyalty, such as marriage, the recording of deeds, wills, issuing 
bonds for local matters, and such like, remained undisturbed when the 
State was restored to loyal government. 

4. May a State be divided into two or more States? 

Ans. Yes. .A State may be divided into two or more vStates by 
the consent of the State Legislature and of Congress. 

5. May two States be united into one State? 

Ans. Yes; by the consent of the Legislatures of the two States and 
of Congress. 

6. ^What States have been admitted to the Union? 

Ans. In outline following; 


The Constitution of the United States in Outline. 89 


States Admitted. 


STATES 

ADMITTED, 

DATE. 

TERRITORY, HOW OBTAINED. 

Vermont. 

1791 

Ceded to United States by New York. 

Kentucky. 

1792 

Ceded to United States by Virginia. - 

Tennessee. 

1796 

Ceded to United States by North Carolina. 

Ohio. 

1803 

Ceded to United States by Virginia, 

Louisiana. 

1812 

Part of the Louisiana purchase. 

Indiana. 

1816 

Ceded to United States by Virginia. 

Mississippi. 

1817 

Ceded by Georgia and South Carolina. 

Illinois. 

1818 

Ceded to United States by Virginia. 

Alabama. 

1819 

Ceded by Georgia and South Carolina. 

Maine. 

1820 

Ceded by Massachusetts. 

Missouri. 

1821 

Part of the Louisiana purchase. 

Arkansas. 

1836 

Part of the Louisiana purchase. 

Michigan. 

1837 

Ceded to United States by Virginia. 

Florida. 

1845 

Part of the Florida purchase. 

Texas. 

1845 

Independent nation. 

Iowa. 

1846 

Part of the Louisiana purchase. 

Wisconsin. 

1848 

Ceded to United States by Virginia. 

California. 

1850 

Ceded to United States by Mexico. 

Minnesota. 

1858 

From France and Virginia. 

Oregon. 

1859 

From France, Spain, and England, 

Kansas. 

1861 

From France and Texas, 

West Virginia. 

1863 

From Virginia, 

Nevada. 

1864 

Part of the Mexican cession: 

Nebraska. 

1867 

Part of the Louisiana purchase. 

Colorado. 

1876 

From France and Mexico. 

North Dakota. 

1889 

Part of the Louisiana purchase. 

South Dakota. 

1889 

Part of the Louisiana purchase. 

Montana. 

1889 

Part of the Louisiana purchase. 

Washington. 

1889 

By exploration and English treaty. 

Idaho. 

1890 

Part of the Oregon country. 

Wyoming. 

1890 

Part of the Oregon coutry. 

Utah. 

1896 

Part of the Mexican cession. 

Oklahoma. 

1907 

From France and Texas. 










































90 The Constitution of the United States in Outline. 

The Guarantee Clause. (Art. IV.; 4, i.) 

Analysis. 

The United States shall— 

1. Guarantee to every State in this Union a repub¬ 

lican form of government, and 

2. Protect each of them against invasion or domestic 

violence. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. What is a republican form of government ? 

• Ans. A republican form of government may be called a represent¬ 
ative democracy: instead of all persons meeting at a given time and 
place to make the laws, we divide the population of the States into 
groups, and each group elects a person or persons to represent them in 
law-making and in the administration of government; also, each,State 
has a written constitution which defines the powers of the State and 
distributes those powers to the various branches, which consist of the 
legislative, executive, and judicial departments. 

2. Of what force is the word guarantee} 

Ans. It really means that no other form of government shall ever 
be established within a State. 

3. Why was the republican form selected and guaranteed ? 

Ans. There are probably two reasons: 

(a) Uniformity in State government was regarded as neces¬ 

sary to the success of a union. 

(b) The republican form was already in use by the States. 

II. Amendment. (Art. V.) 

Correlated topics. 

The first ten Amendments, 1791. 

The Eleventh Amendment, 1798. 

The Twelfth Amendment, 1804. 

The Thirteenth Amendment, 1865. 

The Fourteenth Amendment, 1868. 

The Fifteenth Amendment, 1870. 


The Constitution of the United States in Outline. 91 

Amendment. 

Proposed— ' 

1. By two-thirds of both houses in Congress. 

2. By convention called upon application of the Leg¬ 

islatures of two-thirds of the several States. 
Ratified— 

1. By the Legislatures of three-fourths of the States. 

2. By conventions in three-fourths of the several 

States. 


PRACTICAL QUESTIONS WITH ANSWERS. 

1. How many steps are necessary in order to amend the Constitution ? 
Ans. But two steps are necessary: 

(a) It must be proposed. 

(&) It must be ratified. 

2. How may an amendment be proposed? 

Ans. In either of two ways: ' / 

(а) By a vote of two-thirds of both houses in Congress. / 

(б) By a national convention. (This has never been used.) ' 

3. How may an amendment be ratified ? 

Ans. In either of two ways: 

(a) By the Legislatures of three-fourths of the several States. 
ih) By State conventions called in three-fourths of the 
several States. 

4. How has the Constitution been amended ? 

Ans. (a) Proposed by two-thirds vote of each house in Congress. 

(6) Ratified by the Legislatpres of three-fourths of the several 
States. 

(All Amendments, so far, have been secured in this way. 
Three other Constitutional methods are possible; they are 
as follows: 

(a) I. Proposed by two-thirds of each house in Congress- 
2. Ratified by conventions in three-fourths of the 
several States. 

{h) I. Proposed by a convention called by Congress. 

2. Ratified by the Legislatures of three-fourths of 
the several States. 


92 The Constitution of the United States in Outline. 

(c) I. Proposed by a convention called by Congress. 

2, Ratified by conventions in three-fourths of the 
several States.) 

5. Is there a proposed amendment before the States at present (1910) ? 
Ans. Yes. Acting on the advice of President Taft, the sixty-first 

Congress in its first session passed the proposition to amend the Con¬ 
stitution by granting the Congress the power to levy an income tax 
without apportionment according to population. 

6. Amendments prohibited. 

Ans. Absolute: 

No ,amendment prohibiting the slave trade could be made 
before 1808. (Art. I.; 9, i.) 

No amendment to the method of laying direct tax before 
1808. (Art. I.; 9, I, 4.) 

Conditional : 

No State can, without its consent, be deprived of its equal 
right in the Senate. (Art. I.; 3, i.) 

III. Public Debt and Supreme Law. (Art. VI.) 

Correlated topics. 

Hamilton’s debt policy, 1790. 

Virginia and Kentucky Resolutions, 1798. 

Hartford Convention, 1874. 

South Carolina Nullification, i860. 

Personal liberty laws, 1850-60. 

Underground Railroad, 1850-60. 

Buchanan’s secession policy, i860. 

John Marshall’s court decisions touching national 
supremacy. 

(a) United States vs. Fisher, 1805. 
ib) Dartmouth College case, 1819. 

(c) McCullough vs. Maryland, 1819. 

{d) Gibbon vs. Ogden, 1824. 


The Constitution of the United States in Outline. 93 


Analysis (Art. VI.). 

National debts. 

All debts contracted and engagements entered into 
before the adoption of this Constitution shall be as 
valid against the United States under this Consti¬ 
tution as under the Confederation. 

Supreme law. 

1. This Constitution and 

2. The laws of the United States and 

3. The treaties made from 1789 to the present time. 
Officers required to take oath or affirmation. 

National. 

Legislative. 

Executive. 

Judicial. 

State. 

Legislative. 

Executive. 

Judicial. 


'X 


I \ 


I 


•r 


? 


PRACTICAL QUESTIONS WITH ANSWERS. 


1. What is the value of the debt clause in Article VI.? 

Ans. In a legal sense, it has no value, since those debts are all 
settled; but, in a moral sense, it is of great value to know that honesty 
was considered a necessary element in government at a time when prec¬ 
edents were being established. 

2. What was the national debt at the adoption of the Constitution? 

Ans. $75,000,000. 

3. What plan was adopted for its payment ? 

Ans. Revenue laws, known as tariffs and excises, were passed by 
the first Congress. 

4. What is the supreme law of the United States? 

Ans. The Constitution, laws, and treaties of the United States are 
the supreme law. 


94 Constitution of the United States in Outline. 

5. If a State law is in conflict with a law of Congress, which will 
survive ? 

Ans. The law of Congress. 

6. If a State constitution is in conflict with a law of Congress, which 
will survive ? 

Ans. The State constitution. The States of Oregon, Vermont, and 
Maine illustrate this. They hold their elections for representatives at 
a different time from that fixed by Congress. Oregon elects the first 
Monday in June, Vermont on the first Tuesday in November, and Maine 
on the second Monday in September. These election dates were fixed 
in their constitutions before Congress fixed the date for national elections, 
which, is the first Tuesday after the first Monday in November. All the 
other States had their election dates fixed by the State Legislatures. 
A national law takes precedent over State law, but not over a State 
constitution. 

7. What persons are bound by oath or affirmation to support the 
Constitution? 

Ans. (a) Those who make the law. 

(b) Those who enforce the law. 

(c) Those who interpret and apply the law. 

IV. Ratification. (Art. VII.) 

The ratification of the conventions of nine States shall be 
sufficient for the establishment of this Constitution between 
the States so ratifying the same. 

Done in convention, by the unanimous consent of the 
States present, the seventeenth day of September, in 
the year of our Lord one thousand seven hundred and 
eighty-seven, and of the independence of the United 
States of America the twelfth. 

In witness whereof, we have hereunto subscribed our 
names. 

George Washington, 

President and Deputy from Virginia. 

[Names of other members follow.] 

Attest: William Jackson, Secretary. 


The Constitution of the United States in Outline. 95 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. Under what condition was this Constitution to become operative? 
Ans. Under the condition that nine States ratify it. 

2. Over how many States was it to be binding? 

Ans. Over those ratifying it. 

3. What original State did not help to write the Constitution? 

Ans. Rhode Island. 

4. What original State was the last to sign the Constitution? 

Ans. Rhode Island. 

5. If an original State had not signed the Constitution, how would 
it have been treated? 

Ans. As a foreign country. 

6. When did this Constitution go into full operation? 

Ans. April 30, 1789, when George Washington took the oath as 
President of the United States. 


96 The Constitution of the United States in Outline. 


CHAPTER VII. 

Amendments to the Constitution. 

From I. to X., inclusive, is called the Bill of Rights. 
Amendment 1 : 

Correlated topics. 

The Sedition Law, 1798. 

The Hartford Convention, 1814. 

Adams and the “Gag rule,” 1836. 

Analysis. 

1. Freedom in regard to religion. 

2. Freedom of speech and press. 

3. Right to assemble and to petition. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. How does the Constitution regard Church and State? 

Ans. As separate and independent of each other, 

2. Does the separation of Church and State indicate an indifference 
to religion? 

Ans. No; it is rather a confidence that the Church is able to main¬ 
tain itself. 

3. In what four particulars does the Government recognize and 
respect religion? 

Ans. (a) In requiring the oath of office in all departments both 
national and State. 

(6) In employing chaplains-in legislative bodies and in the 
Army. 

(c) In requiring the oath from all jurors and court witnesses. 

(d) In exempting the Church from property tax, 

4. What does abridging speech and the press mean ? 

Ans. Abridging speech means shortening or denying the right to 
speak, and the press refers to printed matter. 


The Constitution of the United States in Outline. 97 


Amendments: 

II .—Right to keep and bear arms. 

III. —The quartering of troops. 

IV. —Security from search. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. Why protect the right to keep and bear arms? 

Ans. It had long been the custom to have drill days for military 
practice as a protection for defense; it might be necessary to defend 
themselves, should the new government become tyrannical. 

2. Does the Second Amendment protect one who carries concealed 
weapons ? 

Ans. No, The clause is a prohibition on Congress; if a State, city, 
or other local unit of government wishes to punish for carrying concealed 
weapons, it may do so, 

3. What does quartering a soldier mean? 

Ans. It means to provide him with food and a place to sleep. 

4. What is a search-warrant ? 

Ans. A search-warrant is a written order issued by a judge of the 
court, giving the officer the authority to enter a house or the premises. 

5. What benefits are derived from search-warrants? 

Ans. (a) It protects the owner of the home by requiring an ac¬ 
curate description of the place, persons, or things to be 
searched and seized. 

(b) It helps to maintain justice by permitting the capture of 
criminals or stolen property wherever found. 


Admendments: 

V .—Indictment and punishment. 

VI .—Rights of defendant in criminal cases. 

VII .—Trial in civil cases. 

VIII. —Bails, fines, and punishments. 

PRACTICAL QUESTIONS WITH ANSWERS. 

I. What is an indictment? 

Ans. It is a legal document, drawn by the county or district attor¬ 
ney, naming a person and accusing him of committing a crime. 


98 The Constitution of the United States in Outline. 


2. What is a grand jury? 

Ans. A grand jury usually consists of twenty-three men, called to 
investigate for crime, and holds party for trial. It does not convict; it 
simply accuses the party. 

3. What is a petit jury? 

Ans. A petit jury is a trial jury; it consists of twelve men, called 
to hear evidence in a case and to decide upon the innocence or guilt of 
the defendant, according to the evidence produced. 

4. Is a witness compelled to tell what he knows of a case when ques¬ 
tioned in court? 

Ans. He is not if what he knows can be used to incriminate him. 
Otherwise he would be in contempt of court and subject to punishment. 

5. What does the Constitution guarantee to accused persons? 

Ans. (a) A speedy trial. 

(6) An impartial jury. 

(c) The assistance of counsel. 

6. Where must the trial be held ? 

Ans. In the State where the crime w^as committed. 

7. What further privilege does the accused have? 

A ns. He has the right to hear all that the witnesses say, 

8. What is common law? 

Ans. A body of rules established by custom in England and fol¬ 
lowed by our courts to govern the relations of men in ordinary civil 
affairs. 

9. What is bail? 

Ans. A sum of money or property deposited with the court as 
security for the appearance at trial of the person released from prison. 

10. What principle governs the amount of bail? 

Ans. The bail required must not be more than is sufficient to in¬ 
sure the appearance of the accused for trial or for the sentence of the 
court. 

Amendments: 

IX. —Rights retained by the people. 

X .—Powers reserved to the States. 

PRACTICAL QUESTIONS WITH ANSWERS. 

I. What does Amendment IX. imply? 

Ans. It implies that it is impossible to enumerate all rights. 


The Constitution of the United States in Outline. 99 


2. What does Amendment IX. deny to the United States Gov¬ 
ernment ? 

Ans. It denies the inference that the United States Government 
has the power to exercise all the rights not directly prohibited. 

3. What powers have been delegated to the United States? 

Ans. (a) Legislative power, (I.; i, i.) 

(6) Executive power. (II.; 1,1.) 

(c) Judicial power. (III.; i, i.) 

4. How does Amendment X. characterize the Constitution ? 

Ans. As an instrument of delegated powers. 

5. How may we determine the right of the Government to exercise 
a power ? 

Ans. By examining the Constitution to see if the power is granted 
or implied. 

6. How may we determine the right of a State to exercise a power? 
Ans. By examining the Constitution to see if the power has been 

given to the national Government or denied to the States. 

7. How may we determine the right of the people to exercise a power? 
Ans. By examining the Constitution to see if the power has been 

given either to the national Government or to the State; if not, the 
people retain it. 

Amendment XL —Limitation on the jurisdiction of the United 
States courts. 

PRACTICAL QUEvSTlONS WITH ANSWERS. 

1. What portion of the Constitution does the Eleventh Amendment 
amend ? 

Ans. Art. HI.; 2, i.^The judicial powers shall extend to suits 
between a State and citizens of another State. 

2. In what way does this Amendment affect a State? 

Ans. It preserves the dignity of a State from attacks by individuals. 

3. In what way does this Amendment affect the Constitution ? 

Ans. It weakens its power to protect all the interests of the citizen. 

4. How does this Amendment affect the citizen? 

Ans. It limits his use of the United States courts. 

5. May a State sue any citizen in a United States court? 

Ans. Yes. ’ 


loo 7 'he Constitution of the United States in Outline. 


Amendment XII —Present mode of choosing the President and 
Vice-President. (For its use, see outline, page 57.) 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. What part of the Constitution does Amendment XII. amend? 

Ans. It amends Art. II.; 2, 3; the method of electing a President 

and Vice-President. 

2. What caused the Twelfth Amendment to be adopted? 

Ans. In the election of 1800, Thomas Jefferson and Aaron Burr 
each had seventy-three votes for President. Much bitter feeling was 
produced, and the Twelfth Amendment was adopted to prevent, if pos¬ 
sible, the recurrence of the difficulty. 

Amendment XI 11 —Slavery abolished. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. When was the Thirteenth Amendment adopted ? 

Ans. It was adopted in 1865. 

2. What was its effect? 

Ans. It abolished slavery within the jurisdiction of the United 
States and prohibited its existence except as punishment for crime. 

3. Give a synopsis of the history of slavery in the United States. 
Ans. I. 1619—Twenty slaves sold into Virginia. 

2. 1787—Slavery prohibited in Northwest Territory. 

3. 1787—Slave compromises in Constitutional Convention. 

4. 1808—Slave trade prohibited. 

5. 1820—Missouri Compromise. 

6 . 1831 —The Liberator published. 

7. 1845—^The annexation of Texas 

8. 1846—The Wilmot Proviso. 

9. 1850—"Omnibus Bill” and Fugitive Slave Law. 

- 10. 1854—Kansas-Nebraska Bill. 

11. 1857—^The Dred Scott decision. 

12. 1859—^John Brown at Harper’s Ferry. 

13. i860—Secession. 

14. 1861—Civil War. 

15. 1862—Slavery abolished in all United States’ Territories 

by act of Congress. 


The Constitution of the United States in Outline. loi" 

16, 1863—Emancipation proclamation by the President. 

17. 1865—Slavery abolished by Amendment XIII. 

4. Why was the Thirteenth Amendment necessary? 

Ans. (a) The act of Congress in 1861 had abolished slavery in the 
District of Columbia and in the Territories, but did not 
attempt to abolish it in the States. 

(6) Some future Congress might repeal the act of 1861, some 
future President might set aside the Proclamation of 
18:63, and some States under the claim of loyalty might 
attempt to continue slavery. Therefore we see the ne¬ 
cessity of settling the controversy in the most conclu¬ 
sive manner, which was a Constitutional Amendment. 

Amendment XIV. —Citizenship defined and protected. 
Citizenship (Am. XIV.; i). 

Defined. 

All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, 
are citizens of the United States and of the 
State wherein they reside. 

Protected. 

No State shall abridge— 

1. Privileges or ) of citizens of the 

2. Immunities j United States. 

No State shall deprive any person of— 

1. Life, ) without 

2. Liberty, or > due process 

3. Property, j of law. 

No State shall deny to any person within its 
jurisdiction the equal protection of its law. 

PRACTICAL QUESTIONS WITH ANSWERS. 

I. How is citizenship acquired? 

Ans. There are two general methods: 

(o) By birth in the United States. 

(6) By naturalization therein. 


102 The Constitution of the United States in Outline. 


2, What is meant by “subject to the jurisdiction thereof”? 

Ans. Full and complete allegiance to the authority of the United 
States. For example: An Indian, subject to his chief and also subject 
to the authority of the United States, could not enjoy full citizenship, 

3. What are the important naturalization acts? 

Ans. (a) In 1776, the Continental Congress resolved “that all per¬ 
sons abiding in any of the United Colonies and deriving 
protection from the laws of the same owe allegiance to 
the said laws and are members of the Colony,” 

(b) Under the Articles of Confederation, naturalization was 

left to the States, 

(c) In 1790, Congress passed an act requiring two years’ 

residence before naturalization, 

(d) In 1795, Congress made it five years, 

(e) In 1798, the time was made fourteen years, 

(/) In 1802, the time was reduced to five years, which is still 
the law, 

(g) In 1790, Congress extended the law to aliens of African 

descent, 

(h) In 1882, Congress declared that no court could naturalize 

Chinese, 


4. Why should an alien desire to become a citizen of the United 
Slates? 

Ans. To acquire the privileges of citizenship, such as the right to 
homestead land, practice law, and enjoy the full protection 
of our laws. 


5. How may an alien become a citizen of the United States? 

Ans. There are eight different ways: 

(a) The five-year process. An alien above the age of eight¬ 
een years appears before a court of record in the 
United States and declares his intention to become 
a citizen. He does this by renouncing all allegiance 
to other nations and rulers, and swears allegiance to 
the United States, This record is known as his first 
papers. After two years from the time of this first 
declaration, he gets his final papers, provided he has 
resided in the United States continuously for five 
years and at least one year within the State or Ter¬ 
ritory where the court is located. He may appear 


Jlie Constitution of the United States in Outline. 103 


in this court and under oath renew his sworn state¬ 
ment in his intention papers. He must have two 
witnesses to his residence and his moral character. 
He is then given a certificate of naturalization, known 
as his second papers. 

(6) The wife and minor children of an alien become cit¬ 
izens of the United States by the husband and fath¬ 
er’s becoming naturalized. 

(c) Aliens who are citizens of territory annexed to the 

States, having a treaty clause providing for citizen¬ 
ship, are citizens by the terms of the treaty. 

(d) An alien woman who might lawfully be naturalized 

may marry an American citizen. The citizenship of 
the husband determines that of the wife and minor 
children. 

(e) Aliens who have served as soldiers or sailors and have 

been honorably discharged from the military service 
of the United States may be admitted to citizenship 
with a single year’s residence. 

(/) An alien serving three years on a merchant ship of the 
United States may make a declaration of allegiance 
and become at once an American citizen. 

(g) An alien, twenty-one years old or over, who has served 
five consecutive years in the United States Navy, or 
one enlistment in the Marine Corps, and has been 
honorably discharged, is a citizen without declaration 
of intention. 

{h) After naturalization, a renewal of domicile in one’s na¬ 
tive country for two years works renewal of native 
citizenship. 

6, What powers under our Constitution control naturalization? 

Ans. (a) Art. I.; 8, 4, says Congress shall have power to make rules 
for naturalization; but it does not have the exclusive 
right. 

(b) The treaty-making power has, on different occasions, an¬ 
nexed territory and by the terms of the treaty con¬ 
ferred citizenship; the instances are Louisiana, Florida, 
Texas, and the Mexican territory. 


104 Constitution of the United States in Outline. 

(c) The people under the power of amendment conferred cit¬ 
izenship upon about four million Negroes by adopting 
the Fourteenth Amendment. 

7. What are privileges and immunities? 

Ans. (a) Any claim under the Constitution to the protection of the 
right of life, the right of liberty, and the right of prop¬ 
erty is a Constitutional privilege; to be a purchaser 
and occupant of public land on the same terms with 
others is also a privilege. 

(b) An immunity is a freedom or exemption from any obli¬ 
gation which may of right be imposed by the Govern¬ 
ment. Example: To be excused or exempted from the 
payment of a certain tax which has been imposed. 

8. ^\l^at is due process of law? 

Ans. Due process is a mode of procedure in the path of well-known 
and established rules in the administration of justice; some writers be¬ 
lieve it is equivalent to the phrase “the law of the land,” which, Webster 
said, means that “every citizen shall hold his life, liberty, property, 
and immunities under the protection of the general rules which govern 
society.” 

9. What are the two chief points in the first clause of the Fourteenth 
Amendment? 

Ans. (a) It bestowed citizenship upon the Negroes born in the 
United States. 

(b) It extends civil rights to all the citizens within the several 
States. 

Amendment XIV .—Apportionment of representatives. 

Apportionment (Am. XIV.; 2). 

Established. 

Representatives shall be apportioned among the 
several States according to their respective 
numbers, counting the whole number of per¬ 
sons in each State, excluding Indians not taxed. 

Protected. 

But when the right to vote at any election for 
national officers or members of Congress or 


The Constitution of the United States in Outline. 105 


members of the State Legislature is denied to 
any of the male inhabitants of the State, be¬ 
ing twenty-one years of age and citizens of 
the United States, the basis of representation 
therein shall be reduced in the proportion to 
such abridgment. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. What was the method of apportionment before the adoption of 
the Fourteenth Amendment? 

Ans. In Art. I.; 2, 3, we find the apportionment as at present; 
but the population, for the purpose of apportionment, consisted of four 
classes of people; 

1. All free persons. 

2. Indentured servants. 

3. Taxed Indians. 

4. Three-fifths of all slaves. 

2. What is the method of apportionment at present? 

Ans. Every inhabitant of each State is counted except untaxed 
Indians. 

3. Is a State prohibited from denying certain persons the right to 
vote? 

Ans. No. But a penalty is prescribed for such denial; the State 
m.ay deny the person the right to vote and suffer the penalty, which is 
a reduction in the number of its representatives. 

4. What is the purpose of clause 3 in Amendment XIV. ? 

Ans. The purpose of the clause is to prevent the holding of office 
by persons who at one time held some position of public trust under the 
United States, but abandoned it and entered the Confederate Army, 

5. What is the purpose of clause 4 in Amendment XIV.? 

Ans. There are two purposes: 

(a) To insure the payment of the national debt, which was 
created in suppressing the Rebellion, 

{h) To prohibit the payment of the Confederate debt, or 
any part thereof, by the national Government or any 
State government. 

6. When was Amendment XIV. adopted? 

Ans. 1868. 


io6 The Constitution of the United States in Outline. 


Amendment XV —Suffrage protected. 

The right of citizens of the United States to vote shall 
not be denied or abridged by the United States or 
by any State on account of— 

1. Race, 

2. Color, or 

3. Previous condition of servitude. 

PRACTICAL QUESTIONS WITH ANSWERS. 

1. What power determines who are citizens? 

Ans. The United States Government. 

2. What power determines who may vote? 

Ans. The State determines who may vote therein, 

3. How does this Amendment affect the Negro’s rights? 

Ans. It increased his rights by giving him the right to vote. 

4. For whose benefit does the right to vote exist? 

Ans. For the benefit of the State. 

5. Why is it so necessary to protect the right to vote? 

Ans. Because it preserves the Government and protects public 
order, 

6. If the voting of a certain individual would bring danger to the 
State, should he be allowed to vote? 

Ans. No, The purpose of voting is public and general, not private 
and individual; voting is the means by which a State perpetuates its 
own existence and protects the rights of the people. The State with 
its collective interests must be considered first; then the interests of the 
individual may be considered. 

7. How extensive is the power of a State in granting or denying 
the right to vote? 

Ans. The State is unlimited in its power, except by the restriction 
in the Fifteenth Amendment: the vState can not deny one simply because 
of his race, color, or because he at one time was a slave. 

8. What is the “grandfather” clause? 

Ans. Many States are using educational qualifications for voting. 
Certain Southern States are using a pretended educational qualification. 
The elector must “read or understand” the clauses of the State con¬ 
stitution. The white election officer is not easily persuaded that the Ne- 


The Constitution of the United States in Outline. 107 


gro understands what he reads. For the benefit of the ignorant whites, 
this clause is modified by the statement that the educational test does 
not apply to any one whose father or grandfather voted prior to 1867 
or was a soldier in the Civil War. 

9. When was Amendment XV. adopted .^ 

Ans. It was adopted in 1870. 


io8 The Constitution of the United States in Outline. 


CHAPTER VIII. 

Insular Government. 

The Government of Hawaii. 

The Hawaiian Republic became a Territory of the United 
States by joint resolution in Congress, July 7, 1898. 

In April, 1900, Congress passed an act to provide a gov¬ 
ernment for the Hawaiian Territory. 

This act provided that the following should be the law: 

1. The Constitution of the United Staes. 

2. The laws of the United States except as other¬ 

wise provided. 

3. The laws of Hawaii not inconsistent with the Con¬ 

stitution or laws of the United States. 

This same act also abolished all the offices of the former 
Hawaiian Government. 

The act established the following authority. 

Legislative: 

Senate, composed of fifteen members, elected for 
four years. 

House of Representatives, composed of thirty mem¬ 
bers, elected for two years. 

Executive; 

Governor, appointed by the President, with the 
consent of the Senate. 

Secretary. 

Attorney-General. 

Treasurer. 

Commissioner of Public Lands. 


The Constitution of the United States in Outline. 109 

Commissioner of Agriculture. 

Superintendent of Schools. 

Surveyor. 

High Sheriff. 

All appointed for four years. 

Judicial.- 

Supreme Court. 

Circuit courts. 

District courts. 

United States Marshal. 

All appointed by the President, with the con¬ 
sent of the Senate, for a term of six years. 
The Act of April, 1900, further declared that all persons 
who were citizens of Hawaii on August 12, 1898, are citizens 
the United States and of the Territory of Hawaii. 

The Government of Porto Rico. 

In 1898 the United States took possession of Porto Rico 
and established military government. This military govern¬ 
ment continued until May i, 1900; at that time civil govern¬ 
ment succeeded the military government, as follows: 

I. Legislative: 

House of Delegates, consisting of thirty-five members, 
elected by districts for a term of two years. 
Executive Council, composed of: 

Secretary. 

Attorney-General. 

Treasurer. 

Auditor. 

Commissioner of Interior. 

Commissioner of Education. 

Five other persons. 

All appointed by the President for a term of 
four years. 


no The Constitution of the United States in Outline. 

2. Executive: 

Governor and officers, which constitute the Executive 
Council. 

The Governor is appointed for four years. 

3. Judicial: 

One United States District Court. 

Territorial Supreme Court. 

Territorial District Court. 

The judges and marshals appointed by the President 
for a term of four years. 

4. A Resident commissioner is elected by the people; he 

has official relations with the President. 


The Government of the Philippines. 

The government of the Philippines is vested in a Com¬ 
mission, consisting of nine men, including a Governor. 

There are four departments: 

1. Finance. 

2. Justice. 

3. Commerce. 

4. Education. 

There are thirty-nine provinces, each with a governor and 
a system of courts. There is a Legislature composed of sev¬ 
enty-nine members, elected from the several provinces for a 
term of two years. The action of this Legislature is subject 
to revision by the Commission. There is one Supreme Court, 
in which cases may be tried and to which cases may be ap¬ 
pealed from the lower courts. There are two resident Commis¬ 
sioners, elected by the people; these Commissioners have no 
seat in Congress, but have official relations with the President. 


The Constitution of the United States in Outline, iii 

The Government of the Panama Canal Zone. 

The government is under the general control of the Canal 
Commission, consisting of eight members appointed by the 
President for the purpose of constructing the canal. 

Other Island Possessions. 

The following possessions are controlled either by the Army 
or by the Navy: 


Guam, 

Tutuila, 

Wake, 

Christmas, 

Gallego, 

Starbuck, 

Penrhyn, 

Phoenix, 

Palmyra, 

Howland, 

Baker, 

Johnston, 

Gardner, 

Midway, 

Morell, 

Marcus, 

The Santa Barbara group, 

and the Aleutian chain. 









The Constitution of the United States in Outline. 113 


CHAPTER IX. 

CONSTITUTION OF THE UNITED STATES. 

Preamble. 

We, the people of the United States, in order to form a more per¬ 
fect union, establish justice, insure domestic tranquillity, provide for the 
common defense, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 

ARTICLE I.—LEGISLATIVE DEPARTMENT. 

Section i.—Congress. 

(i) All legislative powers herein granted shall be vested in a Con¬ 
gress of the United States, which shall consist of a Senate and House 
of Representatives.* 

Section 2.—House oe Representatives. 

(1) The House of Representatives shall be composed of members 
chosen every second year by the people of the several States, and the 

electors in each State shall have the qualifications requis- 
Election of ite for electors of the most numerous branch of the 

Members. State Legislature. 

(2) No person shall be a representative who shall not have attained 

to the age of twenty-five years, and been seven years a 
Qualifications. citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State in which he shall be chosen. 

(3) Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, according 

♦The term of each Congress is two years. It assembles on the first 
Monday in December and “expires at noon of the fourth of March next 
succeeding the beginning of its second regular session, when a new 
Congress begins.'' 



114 The Constitution of the United States in Outline. 


to their respective numbers,* which shall be determined by adding to 
the whole number of free persons, including those bound to service for 
a term of years, and excluding Indians not taxed, three-fifths of all other 
persons.f The actual enumeration shall be made within 
Apportionment. years after the first meeting of the Congress of 

the United States, and within every subsequent term of ten years, in 
such manner as they shall by law direct. The number of representatives 
shall not exceed one for every thirty thousand, but each State shall have 
at least one representative: and until such enumeration shall be made, 
the State of New Hampshire shall be entitled to choose three; Massa¬ 
chusetts, eight; Rhode Island and Providence Plantations, one; Con¬ 
necticut, five; New York, six; New Jersey, four; Pennsylvania, eight; 
Delaware, one; Maryland, six; Virginia, ten; North Carolina, five; South 
Carolina, five; and Georgia, three, 

(4) When vacancies happen in the representation from any State, 

the executive authority t thereof shall issue writs of elec- 
Vacancies. u 

tion to fill such vacancies. 

(5) The House of Representatives shall choose their Speaker§ and 

Officers, other officers; and shall have the sole power of im- 

hnpeachment. peachment. 


Section 3.—Senate. 

(1) The Senate of the United States shall be composed of two 

Number senators from each State, chosen by the Legislature 

of Senators: thereof, for six years; and each senator shall have 

Election. one vote. 

(2) Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into three 
classes. The seats of the senators of the first class shall be vacated at 
the expiration of the second year; of the second class, at the expiration 
of the fourth year; of the third class, at the expiration of the sixth year, 
so that one-third may be chosen every second year; and if vacancies 

*The apportionment under the census of 1900 is one representative 
for every 193,291 persons. 

•j-The word “persons” refers to slaves. This paragraph has been 
amended (Amendments XIII, and XIV.) and is no longer in force. 

^Governor. 

§The Speaker is one of the representatives; the other officers (clerk 
sergeant-at-arms, postmaster, doorkeeper, etc.) are not. 



The Constitution of the United States in Outline, 


115 


happen by resignation, or otherwise, during the recess 
sstpca ton. Legislature of any State, the Executive* there¬ 

of may make temporary appointments until the next meeting of the 
Legislature, which shall then fill such vacancies. 


(3) No person shall be a senator who shall not have attained to 

» the age of thirty years, and been nine years a citizen 

iJualtpcations. elected, 

be an inhabitant of that State for which he shall be chosen. 


(4) The Vice-President of the United States shall be president of 
President of the Senate, but shall have no vote, unless they be 
Senate. equally divided. 


(5) The Senate shall choose their other officers, and also a presi- 
dent pro tempore, in the absence of the Vice-President, 
peers. when he shall exercise the office of President of 

the United States. 


(6) The Senate shall have the sole power to try all impeachments: 
when sitting for that purpose, they shall be on oath or affirma¬ 
tion. When the President of the United States is 
t ^he Chief-Justice shall preside: and no person 

shall be convicted without the concurrence of two- 
thirds of the members present. 


(7) Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
Judgment office of honor, trust, or profit under the United 

in Case of States; but the party convicted shall nevertheless be 

Conviction. liable and subject to indictment, trial, judgment, and 

punishment, according to law. 


Section 4.—Both Houses. 

(i) The times, places, and manner of holding elections for senators 
Manner of representatives shall be prescribed in each State 

Electing by the Legislature thereof; but the Congress may at 

Members. any time, by law, make or alter such regulations, except 

as to the places of choosing senators.f 


*Governor. 

fThis is to prevent Congress from fixing the places of meeting of the 
State Legislatures, 



ii6 The Constitution of the United States in Outline, 


(2) The Congress shall assemble at least once in every year, and 
Meetings of such meeting shall be on the first Monday in Decem- 

Congress. ber, unless they shall by law appoint a different day. 


Section 5.—^The Houses Separately. 


(1) Each house shall be the judge of the elections, returns, and quali¬ 

fications of its own members, and a majority of each 
Organization. shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day, and may be au¬ 
thorized to compel the attendance of absent members, in such manner, and 
under such penalties, as each house may provide. 

(2) Each house may determine the rules of its proceedings, punish 

its'members for disorderly behavior, and, with the con¬ 
currence of two-thirds, expel a member. 

(3) Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in their judg¬ 
ment require secrecy, and the yeas and nays of the mem¬ 
bers of either house on any question shall, at the desire 

of one-fifth of those present, be entered on the journal. 

(4) Neither house, during the session of Congress, shall, without 

Ad' pni consent of the other, adjourn for more than three 

days, nor to any other place than that in which the two 
houses shall be sitting. 


Journal. 


Section 6.—Privileges and Disabilities of Members. 

(i) The senators and representatives shall receive a compensation* 
for their services, to be ascertained by law, and paid out of the Treasury 
of the United States. They shall in all cases, except 
Privileges of treason, felony, and breach of the peace, be privileged 
Members. ^rom arrest during their attendance at the session of their 

respective houses, and in going to and returning from the 
same; and for any speech or debate in either house, they shall not be 
questioned in any other place. 


♦Seven thousand five hundred dollars a year and twenty cents for 
every mile of travel each way from their homes at each annual session. 
There is also an allowance of one hundred and twenty-five dollars for 
stationery and newspapers. 



The Constitution of the United States in Outline. 117 


(2) No senator or representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority of the 
United States, which shall have been created, or the 
Prohibitions emoluments whereof shall have been increased, during 
on Members. such time; and no person holding any office under the 
United States shall be a member of either house during 
his continuance in office. 


Section 7.—Method oe Passing Laws. 


(i) All bills for raising revenue shall originate in the House of Rep- 
„ „ resentatives; but the Senate may propose or concur with 

evenue i s. amendments, as on other bills. 


(2) Every bill which shall have passed the House of Representatives 
and the Senate shall, before it become a law, be presented 
How Bills to the President of the United States; if he approve. 

Become Laws. shall sign it, but if not, he shall return it, with his ob¬ 
jections, to that house in which it shall have originated, 
who shall enter the objections at large on their journal, and proceed to 
reconsider it. If, after such reconsideration, two-thirds of that house 
shall agree to pass the bill, it shall be sent, together with the objections, 
to the other house, by which it shall likewise be reconsidered, and if ap¬ 
proved by two-thirds of that house, it shall become a law. But in all 
such cases the votes of both houses shall be determined by yeas and nays, 
and the names of the persons voting for and against the bill shall be en¬ 
tered on the journal of each house respectively. If any bill shall not be 
returned by the President within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law, in like manner 
as if he had signed it, unless the Congress by their adjournment prevent its 
return, in which case it shall not be a law. 


' (3) Every order, resolution, or vote to which the concurrence of 

the Senate and House of Representatives may be necessary (except on a 
question of adjournment) shall be presented to the 
President of the United States; and before the same shall 
take effect, shall be approved by him, or being disap¬ 
proved by him, shall be repassed by two-thirds of the Senate and House 
of Representatives, according to the rules and limitations prescribed in 
the case of a bill. 


Resolutions, 

Etc. 


ii8 The Constitution of the United States in Outline. 


Section 8.—Powers Granted to Congress. 

The Congress shall have power: 

(1) To lay and collect taxes,'duties, imposts, and excises, to pay 

the debts and provide for the common defense and general 
Powers of welfare of the United States; but all duties, imposts, and 

excises shall be uniform throughout the United States. 

(2) To borrow money on the credit of the United States; 

(3) To regulate commerce with foreign nations, and among the sev¬ 
eral States, and with the Indian tribes; 

(4) To establish a uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States; 

(5) To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

(6) To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

(7) To establish post-offices and post-roads; 

(8) To promote the progress of science and useful arts, by securing, 
for limited times, to authors and inventors the exclusive right to their 
respective writings and discoveries; 

(9) To constitute tribunals inferior to the Supreme Court; 

(10) To define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations; 

(11) To declare war, grant letters of marque and reprisal,* and 
make rules concerning captures on land and water; 

(12) To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years; 

(13) To provide and maintain a Navy; 

(14) To make rules for the government and regulation of the land 
and naval forces; 

(15) To provide for calling forth the Militia to execute the laws of 
the Union, suppress insurrections, and repel invasions; 

(16) To provide for organizing, arming, and disciplining the Militia, 
and for governing such part of them as may be employed in the service of 
the United States, reserving to the States, respectively, the appointment 
of the officers, and the authority of training the Militia according to the 
discipline prescribed by Congress; 


*Letters granted by the Government to private citizens in time of war, 
authorizing them, under certain conditions, to capture the ships of the 
enemy. 



The Constitution of the United States in Outline. 119 


(17) To exercise exclusive legislation in all cases whatsoever over 
such district (not exceeding ten miles square) as may, by cession of par¬ 
ticular States, and the acceptance of Congress, become the seat of the 
Government of the United States,* and to exercise like authority over all 
places purchased by the consent of the Legislature of the State in which 
the same shall be, for the erection of forts, magazines, arsenals, dockyards, 
and other needful buildings; and 

(18) To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all 
other powers vested by this Constitution in the Govern¬ 
ment of the United States, or in any department or 

officer thereof. 


Implied 

Powers. 


Absolute 
Prohibitions 
on Congress. 


Section 9.— Powers Forbidden to the United States. 

(1) The migration or importation of such persons as any of the 
States now existing shall think proper to admit, shall not 
be prohibited by the Congress prior to the year one 
thousand eight hundred and eight, but a tax or duty 
may be imposed on such importation, not exceeding ten 

dollars for each person.f 

(2) The privilege of the writ of habeas corpusX shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may require it. 

(3) No bill of attainder 1 | or ex-post-facto law § shall be passed. 

(4) No capitation or other direct tax shall be laid, unless in propor¬ 
tion to the census or enumeration hereinbefore directed to be taken. 

(5) No tax or duty shall be laid on articles exported from any State. 

(6) No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another; nor shall vessels 
bound to, or from, one State, be obliged to enter, clear, or pay duties on 
another. 


*The District of Columbia. 

fThis refers to the foreign slave trade. “Persons’' means “slaves.” 
In 1808 Congress prohibited the importation of slaves. This clause is, of 
course, no longer in force. 

JAn official document requiring an accused person who is in prison 
awaiting trial to be brought into court to inquire whether he may be 
legally held. 

11A special legislative act by which a person may be condemned to 
death or to outlawry by banishment without the opportunity of defending 
himself which he would have in a court of law. 

§A law relating to the punishment of acts committed before the law 
was passed. 



120 The Constitution of the United States in Outline. 


(7) No money shall be drawn from the Treasury but in consequence 
of appropriations made by law; and a regular statement and account of 
the receipts and expenditures of all public money shall be published from 
time to time. 

(8) No title of nobility shall be granted by the United States: and 
no person holding any office of profit or trust under them shall, without 
the consent of the Congress, accept of any present, emolument, office, or 
title, of any kind whatever, from any king, prince, or foreign State. 


Sectio.nt 10.—Powers Forbidden to the States. 


(1) No State shall enter into any treaty, alliance, or confederation; 

grant letters of marque and reprisal, coin money, emit 
Absolute bills of credit, make anything but gold and silver coin a 

Prolnbitions tender in payment of debts, pass any bill of attainder, 

out e States. ex-post-jacto law, or law impairing the obligation of con¬ 
tracts, or grant any title of nobility. 

(2) No State shall, without the consent of the Congress, lay any 

imposts or duties on imports or exports, except what 
may be absolutely necessary for executing its inspection 
laws; and the net produce of all duties and imposts, laid 
by any State on imports or exports, shall be for the use 
of the Treasury of the United States; and all such laws 
shall be subject to the revision and control of the Congress. 

(3) No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops, or ships-of-war in time of peace, enter into any 
agreement or compact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger as will 
not admit of delay. 


Conditional 
Prohibitions 
on the States. 


ARTICLE II.—EXECUTIVE DEPARTMENT. 

Section i.—President and Vice-President. 

(1) The executive power shall be vested in a President of the United 

States of America. He shall hold his office during the 
term of four years, and, together with the Vice-President, 
chosen for the same term, be elected, as follows: 

(2) Each State shall appoint, in such manner as the Legislature 


The Constitution of the United States in Outline. 


I2I 


thereof may direct, a number of electors, equal to the whole number of 
Electors senators and representatives to which the State may be 

entitled in the Congress; but no senator or representative, 
or person holding an olBce of trust or profit under the United States, shall 
be appiointed an elector. 

[*The electors shall meet in their respective States, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the 
same State with themselves. And they shall make a list of all the persons 
voted for, and of the number of votes for each; which list they shall sign 
and certify and transmit sealed to the seat of the Gov- 
Proceedings of ernment of the United States, directed to the President of 
of^C^ongrtss Senate. The president of the Senate shall, in the 

presence of the Senate and House of Representatives, 
open all the certificates, and the votes shall then be counted. The person 
having the greatest number of votes shall be the President, if such number 
be a majority of the whole number of electors appointed; and if there be 
more than one who have such majority, and have an equal number of votes, 
then the House of Representatives shall immediately choose by ballot one 
of them for President; and if no person have a majority, then from the 
five highest on the list the said house shall, in like manner, choose the Presi¬ 
dent. But in choosing the President the votes shall be taken by States, 
the representation from each State having one vote; a quorum for this 
purpose shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a choice. In 
ever}'- case, after the choice of the President, the person having the greatest 
number of votes of the electors shall be the Vice-President. But if there 
should remain two or more who have equal votes, the Senate shall choose 
from them by ballot the Vice-President.] 

(3) The Congress may determine the time of choosing the electors* 
Thne of Choos- which they shall give their votes; which 

ing Electors. day shall be the same throughout the United States.f 


*This paragraph in brackets has been superseded by the Twelfth 
Amendment. 

fThe electors are chosen on the Tuesday next after the first Monday 
in November, preceding the expiration of a Presidential term. They vote 
(by act of Congress of February 3, 1887) on the second Monday in January 
following for President and Vice-President. The votes are counted, and 
declared in Congress on the second Wednesday of the following February. 



122 The Constitution of the United States in Outline. 


(4) No person except a natural-born citizen, or a citizen of the 

United States at the time of the adoption of this Consti- 
Qiialifications tution, shall be eligible to the office of President; neither 
of President. shall any person be eligible to that office who shall not 
have attained to the age of thirty-five years and been 
fourteen years resident within the United States. 

(5) In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties of the 

said office, the same shall devolve on the Vice-President, 
Vacancy. and the Congress may by law provide for the case of re¬ 

moval, death, resignation, or inability, both of the Presi¬ 
dent and Vice-President, declaring what officer shall then act as President; 
and such officer shall act accordingly until the disability be removed, or a 
President shall be elected. 

(6) The President shall, at stated times, receive for his services a 

compensation,* which shall neither be increased nor di- 
^ minished during the period for which he shall have been 

elected, and he shall not receive within that period any other emolument 
from the United States, or any of them. 

(7) Before he enter on the execution of his office, he shall take the 

following oath or affirmation; “I do solemnly swear (or 
Oath. affirm) that I will faithfully execute the office of President 

of the United States, and will, to the best of my ability, 
preserve, protect, and defendithe Constitution of the United States.” 

Section 2.—Powers of the President. 

President shall be commander-in-chief of the Army and 
Navy of the United States, and of the Militia of the several 
States, when called into the actual service of the United 
States; he may require the opinon, in writing, of the 
principal officer in each of the executive departments 
upon any subject relating to the duties of their respect¬ 
ive offices; and he shall nave power to grant reprieves 
and pardons for offenses against the United States, except in cases of 
impeachment. 

(2) He shall have power, by and with the advice and consent of 
the Senate, to make treaties, provided two-thirds of the Senators present 

*The President now receives seventy-five thousand dollars a year; 
the Vice-President, twelve thousand dollars. 


(i) The 

Military 

Powers. 

Reprieves and 
Pardons. 



The Constitution of the United States in Outline. 123 


concur; and he shall nominate, and by and with the ad 
Treaties. vice and consent of the Senate shall appoint ambassadors, 

other public ministers and consuls, judges of the Supreme 
Court, and all other officers of the United States whose appointments are 
not herein otherwise provided for, and which shall be 
Appoint- established by law: but the Congress may by law vest 

the appointment of such inferior officers, as they think 
proper, in the President alone, in the courts of law, or in 
the heads of departments. 

(3) The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate by granting- 
Fill Vacancies, commissions, which shall expire at the end of their 
next session. 

Section 3.—Duties of the President. 

(i) He shall from time to time give to the Congress information* 
of the state of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; he 
Message. may, on extraordinary occasions, convene both houses, 

or either of them, and in case of disagreement between 
them with respect to the time of adjournment, he may adjourn them to 
such time as he shall think proper; he shall receive am¬ 
bassadors and other public ministers; he shall take care 
that the laws be faithfully executed, and shall commission 
all the officers of the United States. 


Convene 

Congress. 


0) 

Removal of 
Officers. 


Section 4.—Impeachment. 

The President, Vice-President, and all civil officers of the United 
States, shall be removed from office on impeachment for 
and conviction of treason, bribery, or other high crimes 
and misdemeanors. 

ARTICLE III.—JUDICIAL DEPARTMENT 
Section i.—United States Courts. 

(i) The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress may from time 

*The President gives this information by sending a message to Con¬ 
gress at the opening of each session. Washington and John Adams read 
their messages in person to Congress. Jefferson, however, sent a written 
message to Congress by his private secretary, and this custom has since 
been followed. 



124 Constitution of the United States in Outline, 


to time ordain and establish. The Judges, both of the 
Courts Supreme and inferior courts, shall hold their offices 

Established. during good behavior, and shall, at stated times, receive 
for their services a compensation,* which shall not be 
diminished during their continuance in office. 

Section 2.— Jurisdiction of United States Courts. 

(1) The judicial power shall extend to all cases, in law and equity, 
arising under this Constitution, the laws of the United States, and treaties 

made, or which shall be made, under their authority; to 
Federal Courts cases affecting ambassadors, other public ministers, 
in General. and consuls; to all cases of admiralty and maritime jur¬ 
isdiction; to controversies to which the United States 
shall be a party; to controversies between two or more States; between a 
State and citizens of another State;t between citizens of different States; 
between citizens of the same State claiming lands under grants of different 
States, and between a State, or the citizens thereof, and foreign States, 
citizens or subjects. 

(2) In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be party, the Supreme Court 

shall have original jurisdiction. In all the other cases 
Supreme Court, before mentioned the Supreme Court shall have appellate 
jurisdiction, both as to law and fact, with such exceptions 
and under such regulations as the Congress shall make. 

(3) The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said crimes 

shall have been committed; but when not committed 
within any State, the trial shall be at such place or places 
as the Congress may by law have directed. 

Section 3.— ^Treason. 

(i) Treason against the United States shall consist only in levying 
Treason war against them, or in adhering to their enemies, giving 

Defined. them aid and comfort. 

No person shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on confession in open court. 

*The Chief Justice of the Supreme Court receives an annual salary of 
thirteen thousand dollars, while the associates receive twelve thousand 
five hundred each. 

fBut compare the Eleventh Amendment. 



The Constitution of the United States in Outline. 125 


(2) The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work cor¬ 
ruption of blood, or forfeiture, except during the life of 
the person attainted. 


Punishment. 


ARTICLE IV.—RELATIONS OF THE STATES TO EACH OTHER. 
Section i .—Officiae Acts. 

(i) Full faith and credit shall be given in each State to the public 
acts, records, and judicial proceedings of every other State. And the 
Congress may, by general laws, prescribe the manner in which such acts, 
records, and proceedings shall be proved, and the effect thereof. 


Section 2.—Privileges of Citizens. 

(1) The citizens of each State shall be entitled to all privileges and 
immunities of citizens in the several States. 

(2) A person charged in any State with treason, felony, or other 

. . crime, who shall flee from justice, and be found in another 

fr^m^Tustice State, shall, on demand of the executive authority of the 

State from which he fled, be delivered up, to be removed 
to the State having jurisdiction of the crime. 

(3) No person* held to service or labor in one State, under the laws 

thereof, escaping into another, shall, in consequence of 
any law or regulation therein, be discharged from such 
service or labor, but shall be delivered up on claim of 
the party to whom such service or labor may be due. 


Section 3.—New States and Territories. 

(1) New States may be admitted by the Congress into this Union; 

but no new State shall be formed or erected within the jur- 
Admission isdiction of any other State; nor any State be formed by 

of States. the junction of two or more States, or parts of States, 

without the consent of the Legislatures of the States con¬ 
cerned as well as of the Congress. 

(2) The Congress shall have power to dispose of and make all 


♦“Person” here includes slave. This was the basis of the Fugitive 
Slave Law. It is now superseded by the Thirteenth Amendment. 



126 The Constitution of the United States in Outline. 


needful rules and regulations respecting the territory or 
Territory and other property belonging to the United States; and 

Property of nothing in this Constitution shall be so construed as 

nited States. prejudice any claims of the United States, or of 

any particular State. 

Section 4.—Protection of the States. 

(i) The United States shall guarantee to every State in this Union 
a republican form of government, and shall protect each of them against 
invasion, and on application of the Legislature, or of the Executive (when 
the Legislature cannot be convened) against domestic violence. 

article V.—amendments. 

(i) The Congress, whenever two-thirds of both houses shall deem 
it necessary, shall propose amendments to this Constitution, or, on the ap¬ 
plication of the Legislatures of two-thirds of the several 
HoTi, States, shall call a convention for proposing amendments, 

Proposed. which, in either case, shall be valid to all intents and 

purposes, as part of this Constitution, when ratified by 
the Legislatures of three-fourths of the several States, or by conventions 
in three-fourths thereof, as the one or the other mode of ratification may 
be proposed by the Congress; provided that no amend- 
IjQy) ment which may be made prior to the year one thousand 

Ratified. eight hundred and eight shall in any manner affect the 

first and fourth clauses in the ninth section of the first 
article; and that no State, without its consent, shall be deprived of its equal 
suffrage in the Senate. 

ARTICLE VI.—GENERAL PROVISIONS. 

Section i. 

(1) All debts contracted, and engagements entered into, before the 

adoption of this Constitution, shall be as valid against 
Public Debt. the United States under this Constitution as under the 
Confederation. 

(2) This Constitution, and the laws of the United States which shall 

be made in pursuance thereof; and all treaties made, or 
The Supreme which shall be made, under the authority of the United 
Taw. States, shall be the supreme law of the land; and the 

judges in every State shall be bound thereby, anything in 
the Constitution or laws of any State to the contrary notwithstanding. 


The Constitution of the United States in Outline. 127 


(3) The senators and representatives before mentioned, and the 
members of the several State Legislatures, and all execu- 
Official Oath. tive and judicial officers, both of the United States and of 
the several States, shall be bound by oath or affirmation 
Religious Test. to support this Constitution; but no religious test shall 
ever be required as a qualification to any office or public 
trust under the United States. 


ARTICLE VII.—RATIFICATION OF THE CONSTITUTION. 

(1) The ratification of the conventions of nine States shall be suffi¬ 
cient for the establishment of this Constitution between the States so 
ratifying the same. 

(2) Done in convention, by the unanimous consent of the States 
present, the seventeenth day of September, in the year of our Lord one 
thousand seven hundred and eighty-seven, and of the independence of the 
United States of America the twelfth. 

(3) In witness whereof, we have hereunto subscribed our names.* 

George Washington, 
President and Deputy from Virginia. 


New Hampshire. 

John Langdon. 
Nicholas Gilman. 

Massachusetts. 

Nathaniel Gorham. 
Rufus King. 

Connecticut. 

William Samuel 
Johnson 
Roger Sherman. 

New York. 
Alexander Hamilton. 
New Jersey. 

William Livingston. 
David Brearley. 
William Paterson. 
Jonathan Dayton. 


Pennsylvania. 
Benjamin Franklin. 
Thomas Mifflin. 
Robert Morris. 

George CWmer. 
Thomas Fitzsimons. 
Jared Ingersoll. 

James Wilson. 
Gouvemeur Morris. 

Delaware. 
George Read. 
Gunning Bedford, Jr. 
John Dickinson. 
Richard Bassett. 
Jacob Broom. 

Maryland. 
James M’Henry. 
Daniel of St. Thomas 
Jenifer.. 

Daniel Carroll. 


Virginia. 
John Blair. 

James Madison, Jr. 

North Carolina. 
William Blount. 
Richard Dobbs 
Spaight. 

Hugh Williamson. 


South Carolina. 
John Rutledge. 
Charles C. Pinckney. 
Charles Pinckney. 
Pierce Butler. 


Georgia. 
William Few. 

Abraham Baldwin. 

Attest: William Jackson, Secretary. 

♦There were sixtyrfive delegates chosen to the convention; ten did 
not attend; sixteen declined or failed to sign; thirty-nine signed. Rhode 
Island sent no delegates. 



128 The ConsfitntioH of the United States in Outline. 


AMENDMENTS. 

ArticIvB I.*—Congress shall make no law respecting an establishment 
Religion, religion, or prohibiting the free exercise thereof; or 

Speech, Press, abridging the freedom of speech, or of the press; or the 
Assembly, right of the people peaceably to assemble, and to petition 

Petition. Government for redress of grievances. 

Article II.— A well-regulated Militia being necessary to the security 
Militia ^ State, the right of the people to keep and bear 

arms shall not be infringed. 

Article III.—^No soldier shall, in time of peace, be quartered in any 
Soldiers house, without the consent of the owner; nor in time of war 

but in a manner to be prescribed by law. 

Article IV.—^The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 
Unreasonable seizAires, shall not be violated, and no warrants shall 

Searches. issue, but upon probable cause, supported by oath or af¬ 

firmation, and particularly describing the place to be 
searched, and the persons or things to be seized. 

Article V.—No person shall be held to answer for a capital or other¬ 
wise infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, 
Criminal or in the Militia, when in actual service in time of war 

Prosecutions. and public danger; nor shall any person be subject for the 

same offense to be twice put in jeopardy of life or limb; 
nor shall be compelled in any criminal case to be a witness against him¬ 
self, nor to be deprived of life, liberty, or property without due process 
of law; nor shall private property be taken for public use, without just 
compensation. 


Article VI.—In all criminal prosecutions the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which district shall 


*These amendments were proposed by Congress and ratified by the 
Legislatures of the several States, pursuant to the fifth article of the Con¬ 
stitution. The first ten were offered in 1789 and adopted before the close 
of 1791. They were, for the most part, the work of Madison. They are 
frequently called the “Bill of Rights,” as their purpose is to guard more 
efficiently the rights of the people and of the States. 



l*he Constitution of the United States in Outline. 129 


have been previously ascertained by law, and to be informed of the nature 
and cause of the accusation; to be confronted with the witnesses against 
him; to have compulsory process for obtaining witnesses in his favor, and 
to have the assistance of counsel for his defense. 

ArticIvH VII.—In suits at common law, where the value in contro- 
^ ^ versy shall exceed twenty dollars, the right of trial by 

Common Law preserved, and no fact tried by a jury shall 

be otherwise re-examined in any court of the United 
States than according to the rules of common law. 

Article VIII.—Excessive bail shall not be required, nor excess- 
Bail, ive fines imposed, nor cruel and unusual punishment 

Punishments. inflicted. 

Article IX.—^The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others re¬ 
tained by the people. 

Article X.—^The powers not delegated to the 
United States by the Constitution, nor prohibited by it 
to the States, are reserved to the States respectively, 

or to^the people. 

Article XI.*—The judicial power of the United States shall not be 
construed to extend to ‘any suit in law or equity, com- 
(^anUd menced or prosecuted against any of the United States 

by citizens of another State, or by citizens or subjects 
of any foreign State. 

Article XII.f—^The electors shall meet in their respective States, and 
vote by ballot for President and Vice-President, one of whom, at least, shall 
not be an inhabitant of the same State with themselves; they shall name 
in their ballots the person voted for as President, and in distinct ballots 
the person voted for as Vice-President; and they shall make distinct lists 
of all persons voted for as President, and of all persons voted for as Vice- 
President, and of the number of votes for each, which list they shall sign 
and certify and transmit sealed to the seat of the Government of the 
United States, directed to the president of the Senate; the president of 
the Senate shall, in the presence of the Senate and House of Representa- 


Reserved 
Rights and 
Powers. 


♦Proposed in 1794; adopted in 1798. 
tAdopted in^i8o4. 



130 The Constitution of the United States in Outline, 


tives, open all the certificates, and the votes shall then be counted; the 
person having the greatest number of votes for President 
Method of shall be the President, if such number be a majority of 

Electing whole number of electors appointed; and if no person 

President and have such majority, then from the persons having the 
Vice-President, highest numbers not exceeding three on the list of those 
voted for as President, the House of Representatives shall 
choose immediately, by ballot, the President. But in choosing the President 
the..votes shall be taken by States, the representation from each State 
having one vote; a quorum for this purpose shall consist of a member or 
members from two-thirds of the States, and a majority of all the States 
shall be necessary to a choice. And if the House of Representatives shall 
not choose a President, whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the Vice- 
President shall act as President, as in the case of the death or other con¬ 
stitutional disability of the President. The person having the greatest 
number of votes as Vice-President shall be the Vice-President, if such 
number be a majority of the whole number of electors appointed; and if 
no person have a majority, then from the two highest numbers on the list 
the Senate shall choose the Vice-President; a quorum for the purpose shall 
consist of two-thirds of the whole number of Senators, and a majority of 
the whole number shall be necessary to a choice. But no person constitu¬ 
tionally ineligible to the office of President shall be eligible to that of 
Vice-President of the United States. 


Article XIII.*— Section i. Neither slavery nor involuntary servi¬ 
tude, except as a punishment for crime, whereof the party 
shall have been duly convicted, shall exist within the 
United States, or any place subject to their jurisdiction. 
Section 2. Congress shall have power to enforce this article by ap¬ 
propriate legislation. 


Slavery 

Abolished. 


Article XIV.t— Section i. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State shall make 
or enforce any law which shall abridge the privileges or 
Negroes Made immunities of citizens of the United States; nor shall any 

Citizens. State deprive any person of life, liberty, or property, 

without due process of law, nor deny to any person within 
its jurisdiction the equal protection of the laws. 


♦Adopted in 1865. 
tAdopted in 1868. 



The Constitution of the United States in Outline. 131 


Section 2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole number 
of persons in each State, excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for President and Vice- 
President of the United States, representatives in Congress, the executive 
or judicial officers of a State, or the members of the Legislature thereof, is 
denied to any of the male inhabitants of such State, being twenty-one years 
of age, and citizens of the United States, or in any way abridged, except 
for participation in rebellion or other crime, the basis of representation 
therein shall be reduced in the proportion which the number of such male 
citizens shall bear to the whole number of male citizens twenty-one years 
of age in such State. 


Section 3. No person shall be a senator or representative in Congress, 
or elector of President or Vice-President, or hold any office, civil or mili¬ 
tary, under the United States, or under any State, who, having previously 
taken an oath as a member of Congress, or as an officer of the United 
vStates, or as a member of any State Legislature, or as an executive or ju¬ 
dicial officer of any State, to support the Constitution of the United States, 
shall have engaged in insurrection or rebellion against the same, or given 
aid or comfort to the enemies thereof. But Congress may, by a vote of 
two-tbirds of each house, remove such disability. 


Section 4. The validity of the public debt of the United States, au¬ 
thorized by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrection or rebellion, shall not be 
questioned. But neither the United States nor any State shall assume 
or pay any debt or obligation incurred in aid of insurrection or rebellion 
against the United States, or any claim for the loss or emancipation of any 
slave; but all such debts, obligations, and claims shall be held illegal 
and void. 

Section 5. Congress shall have power to enforce, by appropriate legis¬ 
lation, the provisions of this article. 


Article XV .*—Section i. The rights of citizens of the United States 
to vote shall not be denied or abridged by the United 
Negroes States, or by any State, on account of race, color, or 

previous condition of servitude. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 


* Adopted in 1870. 





The Constitution of the United States in Outline, 133 


INDEX. 


A 

Art. Sec. Clause. 

Arts and sciences to be promoted. i 8 8 

Acts, records and judicial proceedings of each State en¬ 
titled to faith and credit in other States. 4 i i 

Amendments to the Constitution, how made. 5 i i 

Appointments to be made by the President. 2 2 2 

Apportionment of representatives. i 2 3 

ditto.ditto.Amendment 14 2 

Appropriations by law. i g 7 

Appropriation for Army not to exceed two years. i 8 12 

Arwfej-, Congress to raise and support. i 8 12 

Arms, right of the people to keep and bear .. Amendment 2 .. 

Assemble, people may.Amendment i 

A bill of, prohibited to Congress. 193 

prohibited to the States.‘. i 10 i 

of treason shall not work corruption of blood or for¬ 
feiture, except during life of person attainted. 3 2 2 

B 

Bail, excessive, not required.Amendment 8 

Bankruptcy laws to be uniform.. i 8 4 

Bills for raising revenue shall originate in the House of 

Representatives.. i 7 i 

before they become laws, shall be passed by both 
houses and approved by the President, or, if disap¬ 
proved, shall be passed by two-thirds of each house 173 
not returned in ten day?;, unless an adjournment in¬ 
tervene, shall be laws. i 7 2 

Borrow money, Congress may. i 8 2 

C 

Capitation tax, apportionment of. i 9 4 

Census, or enumeration, to be made every ten years. i 2 3 

Citizens of each State shall be entitled to the privileges and 

immunities of citizens in the several States. 4 2 i 

of the United States, who are.Amendment 14 i i 

of the United States not to be abridged in privileges, 

etc., by any State.Amendment 15 i 

Claims of the United States, or of the several States, not 
to be prejudiced by any construction of the Con¬ 
stitution . 4 3 2 




























134 Constitution of the United States in Outline. 


Art. Sec. Clause. 

Coasting trade, regulations respecting. i 9 6 

Coins, Congress to fix value of foreign. i 8 5 

Commerce, Congress to regulate. i 8 3 

regulations respecting, to be equal and uniform. i 9 6 

Commissions to be granted by the President. 2 3 i 

Common law recognized and established.Amendment 7 

Congress vested with power. i i i 

may alter the regulations of State Legislatures concern¬ 
ing elections of senators and representatives, ex¬ 
cept as to place of choosing senators. i 4 i 

shall assemble once every year. i 4 2 

officers of Government cannot be members of. i 6 2 

may provide for cases of removal, death, etc., of 

President and Vice-President. 2 i 5 

may determine the time of choosing electors of Presi¬ 
dent and Vice-President. 2 i 3 

may invest the appointment of inferior officers in the 
President alone, in the courts of law, or the heads 

of departments.1. 2 2 2 

may establish courts inferior to the Supreme Court. . 3 i i 

may declare the punishment of treason. 3 3 2 

may prescribe the manner of proving the acts and 

records of each State. 4 i i 

to assent to the formation of new States. 4 3 i 

may propose amendments to Constitution or call a 

convention. 51 i 

to lay and collect duties. i‘ 8 i 

to borrow money. i 8 2 

to regulate commerce. i 8 3 

to establish uniform laws of bankruptcy and natural¬ 
ization . I 8 4 

to coin money, regulate the value of coin, and fix a 

standard of weights and measures. i 8 5 

to punish counterfeiting. i 8 6 

to constitute tribunals inferior to the Supreme Court .18 9 

to define and punish piracies, felonies on the high seas, 

and offenses against the laws of nations. i 8 10 

to establish post-offices and post-roads. i 8 7 

to authorize patents to authors and inventors. i 8 8 

to declare war, grant letters of marque, and make 

rules concerning captures. i 8 ii 

to raise and support armies. i 8 12 

to provide and maintain a Navy. i 8 13 

to make rules for the government of the Army and 

Navy.. I 8 14 

to call out the Militia in certain cases. i 8 15 

to organize, arm, and discipline Militia. i 8 16 

to exercise exclusive legislation over seat of govern¬ 
ment. I 8 17 


































The Constitution of the United States in Outline. 135 


Congress vested with power— 

to pass laws necessary to carry the enumerated powers 

into effect. 

to dispose of and make rules concerning the territory 

or other property of the United States. 

may enforce Art. XIII. of Amendment by appropriate 

legislation.Amendment 

may remove disabilities arising out of participation in 

rebellion.Amendment 

may enforce Art. XIV. of amendment by appropriate 

legislation ... Amendment 

may enforce Art. XV. of Amendment by appropriate 

legislation.Amendment 

President may convene and adjourn in certain cases. . 

Constitution, how amended. 

laws and treaties declared to be the supreme law. 

rendered operative by the ratification of nine States. . 

Contracts, no law impairing. 

Cdnventions for proposing amendments to the Constitution 
Counterfeitng. Congress to provide for the punishment of.. 
Court, Supreme, its original and appellate jurisdiction.... 
Courts inferior to the Supreme Court may be ordained by 

Congress. 

inferior to the Supreme Court may be ordained by 

Congress. 

Crimes, persons accused of, fleeing from justice, may be 

demanded. 

how to be tried. 

Criminal prosecutions, proceedings in case of. .Amendment 

D 

Debt, public, validity of not to be questioned .Amendment 

Debts against the Confederation to be valid. 

incurred in aid of rebellion, and claims for loss of slaves, 

illegal and void.Amendment 

Disabilities incurred by reason of participation in rebel¬ 
lion .Amendment 

Duties to be laid by Congress, and to be uniform. 

further provisions respecting. 

cannot be laid by the States. 

on exports prohibited. 

on imports and exports imposed by States shall inure 
to the Treasury of the United States. 

E 

Elections of senators and representatives shall be pre¬ 
scribed by the States. 

qualifications and returns of members of Congress to 
be determined by each house. 


Art. Sec. Clause. 
I 8 18 


4 3 2 , 

13 2 

14 3 

14 5 

15 .. 

2 3 I 

5 I I 

61 2 
7 I I 

I 10 I 

5 I I 

I 8 6 

322 
189 

3 I I 

42 2 

323 

6 . . . . 


14 4 

6 I 1 


14 4 

14 2 

I 8 I 

I 9 
I 10 
I 9 

I 10 2 


I 4 I 

I 5 I 


10 rc to 

























136 The Constitution of the United States in Outline. 


Art Sec. Clause. 


Electors of President and Vice-President, how chosen, and 


their duties. 2 

altered.Amendment 12 

to vote the same day throughout the United States . 2 

no Senator or Representative, or public officer, shall 

serve as. 2 

disabilities for position of.Amendment 14 

Enumeration every ten years. i 

Executive power vested in a President. (See President.) 

Exports not to be taxed. i 

and imports, States prohibited from laying duties on. . i 

Ex-post-facto law, none shall be passed. i 

prohibited to States. i 


I 


I 


1 

3 

2 


9 

10 

9 

10 


2 

3 


3 

5 

2 

3 

I 


F 

Fines, excessive, prohibited.Amendment 8 

Fugitives from justice to be delivered up. 4 2 

from service may be reclaimed. 4 2 


2 


3 


H 

Habeas corpus, writ of, can only be suspended in cases of 

rebellion or invasion. i 9 2 

House of Representatives. (See Representatives.) 


I 

Impeachment to be brought by House of Representatives. . i 

tried by the Senate. i 

judgment on. i 

all civil officers liable to. 2 

Importation of slaves not prohibited till 1808. i 

Involuntary servitude prohibited except as punishment for 

crime.Amendment 13 

Judges shall hold their offices during good behavior. 3 

their compensation. 3 

Judiciary —tribunals inferior to Supreme Court may be 

created. 1 

Judicial power vested in a Supreme Court and courts in¬ 
ferior . 3 

powers of the judiciary. 3 

restrictions as to suits against a State . . Amendment 11 
Judicial proceedings of each State are entitled to faith and 

credit in every State. 4 

Jury trial secured and shall be held in the State where the 

crime shall have been committed. 3 


secured in suits at common law where the value in 

controversy shall exceed twenty dollars. 

.Amendment 7 


2 

3 

3 

4 
9 

I 

I 

I 


1 

2 


1 

2 


5 

6 

7 

I 

1 


I 

I 

9 

I 

I 


I 





























The Constitution of the United States in Outline. 137 


L 


Art. Sec. Clause. 


Law, what is declared the supreme. 6 i 

common, recognized and established_Amendment 7 .. 

Laws, President to see them faithfully executed. 2 3 

Legislative powers vested in Congress. (See Congress.) 

Loans, authority to make. i 8 


2 


2 


M 

Marque and reprisal, letters of. i 8 

Militia to be called out. i 8 

to be officered by the State. i 8 

to be commanded by the President. 2 2 

their right to keep and bear arms secured. 

.Amendment 2 

Money shall be drawn from the Treasury only by appropri¬ 
ation laws. I 9 

Congress to coin and regulate value of. i 8 

States cannot make. i 10 


II 

15 

16 

I 


7 

5 

I 


N 

Naturalization, uniform rules of. i 8 

Navy, Congress to provide and govern. i 8 

Nobility, titles of, shall not be granted by the United States i 9 

-j nor by the States. i 10 

O 

Oath of President. 2 i 

of the public officers. 6 i 

Office, who ineligible for member of Congress. i 6 

senator or representative not eligible for office, when i 6 

holder of, not to accept present or emolument from 

foreign king, etc. i 9 

term of President and Vice-President. 2 i 

who precluded from office of elector. 2 i 

vacancies, when filled by President. 2 2 

commissions to expire at end of next session of Con¬ 
gress, when. 2 2 

who ineligible as senator, representative or elector, 

etc.Amendment 14 3 

Officers of the House of Representatives shall be chosen by 

the House. i 2 

of the Senate shall be chosen by the Senate. i 3 

civil, may be removed by impeachment. 2 4 

Order of one house requiring the concurrence of the other i 7 

Offenses against law of nations. i 8 

President may grant pardons, etc. 2 2 

no person to be put twice in jeopardy .. . Amendment 5 


4 

13 

8 

I 


7 
3 
2 
2 

8 

1 

2 

3 

3 


5 

5 

I 

3 

10 

I 































138 The Constitution of the United States in Outline, 


P 


Art. Sec. Clause. 


Pardons, President may grant. 

Patents, to be granted to inventors. 

Petition, right of.Amendment 

Persons held to service or labor, their importation or mi¬ 
gration into the United States may be prohibited 

after 1808. 

escaping from one State to another, shall be delivered 

up to those entitled to service. 

Piracy, Congress to prescribe punishment for. 

Post-offices and post-roads, establishment of. 

Powers not delegated to Congress nor prohibited to the 

States are reserved.Amendment 

legislative. (See Congress.) 
executive. (See President.) 
judicial. (See Judicial.) 


Presents from foreign powers to public officers prohibited. . i 9 8 

Press, freedom of.Amendment i 

President of the United States vested with the executive 

power. 2 . . I 

shall be chosen for four years. 2 i i 

how elected.. 2 i 2 

same.Amendment 12 

qualifications for. 2 i 4 

who will act in case of vacancy. 2 i 5 

compensation of. 2 i 6 

shall take an oath of office. 2 i 7 

may be removed by impeachment. 2 4 i 

commander of Army, Navy, and Militia. 2 2 i 

may require the written opinons of the heads of de¬ 
partments . 2 2 I 

may reprieve and pardon. 2 2 i 

may make treaties with the consent of the Senate ... 2 2 2 

may appoint to office with the consent of the Senate. . 2 2 2 

shall fill up vacancies happening during the recess of 

the Senate. 2 2 3 

shall give information to Congress and recommend 

measures. 2 3 i 

may convene both houses, or either house. 2 3 i 

may adjourn them in case of disagreement. 2 3 i 

shall receive ambassadors and puWic ministers. 2 3 i 

shall take care that the laws be faithfully executed .. 2 3 i 

shall commission all officers. 2 3 i 

Privileges and immunities of members of Congress. i 6 i 

of citizens. (See Citizens; also Rights.) 

Property, Congress to provide for care of public. 4 3 2 

shall not be taken for public use without just com- 


Punishments, cruel and unusual, prohibited .. Amendment 8 


22 I 
I 8 8 

I 


I 9 I 



10 . . 































The Constitution of the United States 'in Outline. 139 


Q 


Quorum for business, what shall be a 

of States in choosing a President by the House of Rep¬ 
resentatives .Amendment 12 

Quartering of troops.Amendment 3 


Art. Sec. Clause. 
5 I 


R . 

Rebellion, disabilities incurred by reason of participation 

in.Amendment 

Receipts and expenditures, accounts of, to be published. . 

Records, how to be authenticated. 

Religion, no law to be made prohibiting free exercise 

of.Amendment 

religious test not required. 

Reprieves granted by the President. 

Representatives, House of, composed of members chosen 


every second year. 

qualifications of voters. 

qualifications of members. 

qualifications of members.Amendment 

apportionment of. 

apportionment of.Amendment 


shall choose their officers 


shall have the power of impeachment. 

shall be the judge of the election and qualifications of 

its members. 

what shall be a quorum. 

any number may adjourn, and compel the attendance 

of absentees. 

Representation, basis of, when reduced.Amendment 


14 

I 

4 

1 
6 

2 

I 

I 

I 

14 

I 

14 

I 

I 

I 

I 

I 

I 

14 


S 

Senate, how chosen, and terms of service. i 

classed. i 

qualifications of senators. i 

qualifications of senators.Amendment 14 

Vice-President to be President of the. i 

shall choose their officers. i 

shall be the judge of the election and qualifications of 

its members. i 

Senate, what number shall be a quorum. i 

any number may adjourn and compel the attendance 

of absentees. i 

may determine its rules. i 

may punish or expel a member. i 

shall keep a journal and publish the same, except 

parts requiring secrecy. i 

shall not adjourn for more than three days, nor to any 
other place, without the consent of the other house. i 


3 

9 

I 


1 

2 
2 

2 

3 
2 
2 
2 
2 
2 

5 

5 

5 

2 


3 

3 

3 

3 

3 

3 

5 

5 

5 

5 

5 

5 

5 


7 


I 


3 

I 

I 

1 

2 

3 

4 

5 
5 

I 

I 

I 


1 

2 

3 

4 

5 

1 

5 

5 

2 

2 

3 

4 



































140 The Constitution of the United States in Outline. 


Senate — Art. Sec. Clause. 

one-fifth may require the yeas and nays. i 5 3 

may propose amendments to bills for raising revenue i 7 i 

shall try impeachments. i 3 6 

effect of their judgment on impeachment. i 3 7 

compensation to b^e ascertained by law. i 6 i 

privileged from arrest. i 6 i 

not questioned for any speech or debate. i 6 i 

shall not be appointed to office. i 6 2 

senator shall not be elector. 2 i 2 

Senators and Representatives, elections of, how prescribed. . i 4 i 

Servitude, involuntary, prohibited, except as punishment for 

crime.Amendment 13 i 


Slavery not to exist within the United States or any place 

subject to their jurisdiction.Amendment 13 i 


Slaves, their importation may be prohibited after 1808.... i 9 i 

escaping from one State to another, may be reclaimed 4 2 

Soldiers not quartered on citizens.Amendment 3 

Speaker, how chosen. i 2 5 

Speech, freedom of.Amendment i 

States prohibited from — 

entering into treaty, alliance or confederation. i 10 i 

granting letters of marque. i 10 i 

coining money. i 10 i 

emitting bills of credit. i 10 i 

making anything a tender but gold and silver coin... i 10 i 

passing bills of attainder, ex-post-facto laws, or laws 

impairing contracts..•. i 10 i 

granting titles of nobility. i 10 i 

laying duties on imports and exports. i 10 2 

laying duties on tonnage. i 10 3 

keeping troops or ships of war in time of peace. i 10 3 

entering into any agreement or contract with another 

State or a foreign power. i 10 3 

engaging in war. i 10 3 

denying or abridging the right of citizens to vote.... 

...Amendment 15 i 

States, new, may be admitted into the Union. 4 3 i 

may be formed within the juisdiction of others, or by 
the junction of two or more, with the consent of 

Congress and the Legislatures concerned. 4 3 i 

State judges bound to consider treaties, the Constitution 

and the laws under it as supreme. 6 i 3 


State, every, guaranteed a republican form of government 

protected by United States. 4 

Supreme Court. (See Court and Judiciary.) 

Suits at common law, proceedings in.Amendment 7 

































The Constitution of the United States in Outline. 141 


T 


Art. Sec. Clause. 


Taat:, according to representation. i 2 

shall be laid only in proportion to census. i 9 

Taa; on exports prohibited. i 9 

Tender, what shall be a legal. i lo 

Territory, or public property, Congress may make rules 

concerning. 4 3 

Test, religious, shall not be required. 6 i 

Titles. (See Nobility.) 

Title from foreign State prohibited. i 9 

Treason, defined... 3 3 

two witnesses or confession necessary for conviction.. 3 3 

punishment for, may be prescribed by Congress. 3 3 

Treasury, money drawn from only by appropriation. i 9 

Treaties, how made. 2 2 

the supreme law. 6 i 

States cannot make. i 10 


3 

4 

5 

1 

2 

3 

8 

I 

1 

2 

7 

2 

2 

I 


V 

Vacancies happening during the recess may be filled tem¬ 
porarily by the President. 2 2 

in representation in Congress, how filled. i 2 

Veto of the President, effect of and proceedings on. i 7 

Vice-President of the United States to be President of the 

Senate. i 3 

how elected. 2 i 

how elected.Amendment 12 

shall in certain cases discharge the duties of President 2 i 

may be removed by impeachment. 2 4 

Vote of one house requiring the concurrence of the other.. i 7 


3 

4 
2 

4 
2 

5 

1 

2 


W 

War, Congress to declare. i 8 

Warrants for searches and seizures, when and how they 

shall issue.Amendment 4 

Witness in criminal cases, no one compelled to be against 

himself.Amendment 5 . . 

Weights and measures, standard of. i 8 


II 


5 

3 


Yeas and nays entered on journal 

























142 The Constitution of the United States in Outline, 


GENERAL INDEX 


Page. 


Adams, John .14 

Admiralty.73 

Alaska.ii 

Aleutian Islands .iii 

Amendment, Methods of .91 

Prohibitions on .92 

xAmnesty.61 

Apportionment ot Representa¬ 
tives.22 

Army Clause.43 

Arsenal.49 

Articles of Confederation— 

Adoption of .17 

Weakness.19 

Definition.19 

Attainder.52 

Attorney-General.64 

Bail, Defined.98 

Baker Island.in 

Bankrupt, Defined .35 

Bill of Attainder .52 

Bill, Defined.31 

For Revenue .31 

To Become Law.31 

Bill of Rights, English.17 

Borrowing Clause ...32 

Burr, Aaron .100 

Cabinet, American.62-68 

Salary.69 

English.68 

Cannon, Joseph G.30 

Cape Verde Islands .10 

Case in Equity, Defined .72 

Case in Law, Defined .72 

Charter, English.12 

Influence of.13 

London.12 

Plymouth.12 

Purposes of .12 


Page. 

Christmas Island .in 

Christianity, Introduction of.8 

Church.10-96 

And State.96 

Citizen, Classes of .34 

Definition of.85 

Citizenship, Acquired ....loi, 103 

Claims of Spain .10 

France. . . .. .10 

England.11 

Clans.8 

Clay, Henry.29 

College, Electoral.28, 56 

Reasons for .61 

Columbia, District of .49 

Commerce Clause .33 

Comity.14 

Commission, Inter-State 

Commerce.33 

Common Law, Defined.98 

Commutation.61 

Congress, Continental .17 

Defined.25 

Operation of.52 

Organization of .54 

Constitution, State, Defined ...18 
United States, Adoption of, 

Defined.18 

Copyright.40 

Corruption of Blood .76 

Counterfeiting, Defined.37 

Penalty for.37 

Court, Appellate.77 

Circuit.78 

Claims.80 

Consular.81 

District.79 

District of Columbia.71 

Irregular.71 








































































The Constitution of the United States in Outline. 143 


Page. 


Land Claims.81 

Regular.71 

Supreme.28, 70 

Territorial.81 

Dartmouth College.53 

Declaration of Independence... 17 

Debts, National .93 

Demarkation, Line of .10 

District of Columbia .49 

Dockyard.49 

Dollar, Weight of .36 

Drunkards.13 

Due Process of Law .104 

Duty, Defined .32 

Export.53 

Elastic Clause.49 

Election of President... .56, 57, 61 

The College Method .56 

The House Method.57 

Electors, Presidential .57 

England, Invasion of .9 

Eqmty, Defined .72 

Ev^ts, Ten Important .17 

Excise, Defined .32 

Export Duty.53 

Ex Post Facto .52 

Faith and Credit Clause.85 

Felony, Defined.42 

Fort, Defined.• • - 49 

Gallego. Ill 

Gardner.in 

Government, Defined.8 

Basis.8 

Civil.8 

Local.13, 14 

Origin of .8 

Republican Form.90 

Securities.90 

State.15 

Grandfather Clause .106 

Grand Jury.98 

Guam. Ill 

Habeas Corpus .52 

Hamilton, Alexander.50 

Hawaii.108 

Henry, Patrick.50 

Holland.13 


Page. 


House of Representatives.22 

Imposts.32 

Indians.13 

Indictment, Defined .97 

Inter-State Commerce Com¬ 
mission.33 

Jefferson, Thomas.100 

Johnston.in 

Judicial Power, Vestment.70 

Extent...71 

Jurisdiction, Defined.73 

Appellate. 73 

Concurrent.74 

Exclusive.74 

Original.73 

Jury, Grand .,.98 

Petit.'.98 

Trial.74 

Law, Common.98 

Due Process of.104 

Of Nations. . ..42 

Supreme.93 

Letters of Marque.43 

Line of Demarkation.10 

London Charters.12 

I\Iadison, James.50 

Magna Chaita.17 

Mail Classified.38 

Marcus.in 

Maritime, Defined.73 

Midway.in 

Militia, Defined.46 

Mint, Defined.36 

Money, Defined.36 

Morell.in 

Naturalization Acts .102 

Navy Clause.45 

New England .n 

Norman Conquest.14 

Oath of Office, Required of....93 

Officers, Army.44 

House.29 

Navy.45 

Senate.30 

Organizing Clause.47 























































































144 Constitution of the United States in Outline. 


Page. 

Palmyra.in 

Panama Canal.in 

Pardon, Operation of . 6 i 

Parliament.i 8 

Patent Clause . 39 

Peace of Paris.17 

Penrhyn.m 

Petit Jury. ..98 

Petition of Rights .17 

Philadelphia Convention .17 

Philippines.no 

Phoenix.in 

Piracy, Defined.42 

Plymouth Charter .12 

Porto Rico .109 

Postoffice Clause.37 

Postmaster-General.64 

Powers, Three Classes.18 

Distribution of .28 

President, Duties .60 

Election of .56, 57 , 61 

Powers of ..58 

Qualifications.58 

Preamble, Outline .20 

Privateer.43 

Prohibitions on Congress.50 

On States .51 

Public Act .84, 85 

Quartering Soldiers.97 

Ratio of Representation.22 

Records.84, 85 

Religion, Respect for .96 

Representative-at-Large .22 

Number.24 

Requisition.86 

Revenue Bills.31 

Rights of Citizens .83 

Rhode Island.I7, 95 

Salary, Cabinet .69 

Judges of Courts .82 

Members of Congress.24 

President.58 

Saratoga, Battle of .17 

Science Clause.69 

Search Warrant.97 


Page. 

Secretary of Agriculture.66 

Commerce and Labor.67 

Interior.6S 

Navy.65 

State.62 

Treasury.63 

War.63 

Securities. 37 

Senators, Classes of .23 

Outline. ,-23 

Sessions of Congress .25 

Settlements in .America— 

English.10 

French.10 

Spanish. 9 

Slavery, Synopsis of .100 

Spanish-American War.10, 42 

Stamp Act Congress .17 

Standard Dollar .36 

State, Admitted .87, 89 

Defined.18 

Divided.88 

Revolutionary.15 

Stay of Execution .61 

Supreme Law .93 

Taxes, Defined .32 

Taxing Clause.31 

Township, Origin of .13 

Treason, Origin of Clause.75 

Punishment for.75 

Treaty, Defined.61 

Of Paris.17 

Trial Jury. 74 

Tuns.8 

Vagrants.13 

Vessels Named.45 

Veto.28 

Voter, Qualified .14, 106 

War, Defined.43 

Rules of.46 

Vessels of.43 

Washington, George.17, 95 

Wake. Ill 

Weapons, Concealed .97 

West Indies.10 





























































































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